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CODE OF PUBLIC 
INSTRUCTION 



STATE OF WASHINGTON 
1913 




THIS VOLUME IS THE PROPERTY OF THE STATE 

IT IS ISSUED FOR THE USE OF OFFICERS OF 

School District No. 

County of 

School Officers, on retiring from office, are required by law to 
deliver this volume, with all other books and documents of an 

official CHARACTER, TO THE DISTRICT CLERK, OR TO THEIR SUCCESSORS 



OI.TMPIA 

Fbane M. Lambobn <ii^^i> Public Pbintsib. 
1913 



STATE OF WASHINGTON 



Code of Public Instruction 

ANNOTATED 



TOGETHER WITH 

Opinions of the Attorney Generals, Citations from 

Decisions of the Supreme Court, Rules of the 

State Board of Education, Instructions 

Relative to the Issuance of Bonds, 

and an appendix of blank forms 

for the guidance of 

school officers 



1913 



PUBLISHED BY AUTHORITY 

MRS. JOSEPHINE G. PRESTON 

Saperintendent of Public Instruction 



Oltmpia. 

F. M. LiAMBORN <»^^^ Public Printer 

1913 



.Vv ^ 



0, 0FJ, 
DEC I 



INTRODUCTION 



One of the duties of the Superintendent of Public Instruction 
is the publication at timely seasons of the laws of the state 
relating to the administration of the public schools. It is now 
four years since the Code of Public Instruction was issued. In 
the two subsequent sessions of the legislature, while the school 
laws were not materially changed, important amendments were 
made and new legislation enacted rendering imperative the gen- 
eral demand for a new edition of the school code. Accordingly 
this Code of Public Instruction has been compiled and issued 
for the benefit of the school officers of the state. 

Since a full knowledge of the school laws of the state is neces- 
sary before officers responsible for the administration of the 
schools can properly discharge their duties, it has seemed wise 
to prepare not only a complete code, but to prepare it in such 
a way that the use of the code may be facilitated in every possi- 
ble manner. This code, therefore, has followed the regular meth- 
od of the codification of laws. All the laws dealing with the com- 
mon schools, the higher institutions of learning, the state 
charitable institutions, and relating to the control of children 
have been compiled and fully annotated. After each section, 
has been placed all matter that explains or modifies the meaning 
of the section, including the opinions of the Attorney Generals 
or their assistants, citations from decisions of the Supreme 
Court, and cross references to related sections in the laws. In 
this respect it differs from preceding editions of the code. It is 
the hope and belief, however, that this arrangement will prove 
most helpful to all persons who make frequent use of the code. 

No such complete edition could have been prepared had not 
Attorney General W. V. Tanner graciously ojffered the services 
of his department in the preparation of the code. The work of 
compiling and editing has been done by Mr. William J. Coyle, 
of the Attorney General's office. The conscientious and thor- 



INTRODUCTION 



ough way in which Mr. Coyle has performed his task is attested 
all through the work and has earned for him a high tribute of 
praise from school officers. 

Among the changes made in the 1911 and 1913 sessions of 
the legislature, which are specially important, are the following : 

1. An act providing for the wider use of the school plant. 

2. An amendment to the certification law allowing grades 
to be accepted from certificates granted in certain other 
states. 

3. An act allowing union high school districts to be dis- 
solved by a three-fifths vote at any time after five years 
from date of organization. 

4. An amendment providing that attendance of all children 
of school age attending private schools be credited to 
the home districts of the children. 

5. A new Juvenile Court law. 

6. A new act governing the State Institution for the Fee- 
ble-Minded. 

7. An act making a division of the State School for the 
Deaf and Blind into the State School for the Blind and 
the State School for the Deaf. 

8. A law requiring county commissioners to levy a sinking 
fund at the expiration of one-half the time for which 
bonds are issued. 

9. An act making the prosecuting attorney the attorney 
for school districts in all actions involving legal proced- 
ure. 

I wish to urge all county superintendents and school district 
officers to familiarize themselves thoroughly with this code. We 
are called upon to answer hundreds of questions on the school 
law where the inquirer has simply failed to look up the matter 
in the code. A full index has been provided so that all points 
of law may be quickly referred to. School officers should study 
carefully the special portions of the code treating of their du- 
ties. In addition they should read the other provisions of the 
laws relating to the common schools. Time spent in a careful 
perusal of the law is time employed most profitably. Especially 
is this true with regard to laws governing the expenditure of 
funds. 



INTRODUCTION 



The State Superintendent will answer legal questions from 
county superintendents. District officers and school patrons de- 
siring information on points of school law should communicate 
with their county superintendent rather than with the Superin- 
tendent of Public Instruction. 

Supermtendent of Public Instruction. 
Olympia, Washington, August 1, 1913. 



OFFICIAL SCHOOL CALENDAR 



DEPARTMENT OF EDUCATION 



Mbs. Josephine C. Preston, Superintendent of Public Instruction 

Olympia 

Charles A. Sprague, Assistant Superintendent Olympia 

Miss Martha A. Sherwood, Deputy Superintendent Olympia 

Edwin Twitmyer, High School Inspector. . . .810 E. Denny Way, Seattle 
Mrs. Mary A. Bryan, Secretary State Board of Examiners. .. .OlymTpia 
Miss Hanna M. Cobdy, Chief Clerk Olympia 

STATE BOARD OF EDUCATION 

Mrs. Josephine C. Preston, President, ex-officio Olympia 

Miss Martha A. Sherwood, Secretary, ex-officio Olympia 

Thomas F. Kane, President University of Washington Seattle 

Enoch A. Bryan, President Washington State College Pullman 

W. E. Wilson, Principal State Normal School Ellensburg 

Frank B. Cooper, Superintendent of Schools Seattle 

Henry B. Hart, Principal South Central High School Spokane 

W. E. Gamble, County Superintendent, Okanogan County .. .ConconuUy 



OFFICIAL SCHOOL CALENDAR 



July 1 — Fiscal year begins. 

July 4 — Independence Day (legal holiday). 

July 15 — On or before July 15, clerks transmit annual report to county 
superintendent. 

August 1 — County superintendents transmit annual report to Superin- 
tendent of Public Instruction. 

August, first Saturday — Regular meeting of the board of directors in 
districts of the third class. 

August, last Thursday, Friday and Saturday — Teachers' examination. 

September 1 — On or before September 1, clerk must report to board of 
county commissioners detailed estimate of expenditures during 
current year. 

September — At opening of school, clerk must furnish teacher with copy 
of last school census. 

September, first Monday — Labor Day (legal holiday). 

November, first Saturday — Regular meeting of board of directors in dis- 
tricts of the third class. 



OFFICIAL SCHOOL CALENDAR 



November, last Thursday — Thanksgiving Day and day following are 
legal holidays for schools. 

November — Ten days before first Saturday in December, notices of an- 
nual school election in districts of the first class must be posted 
by the secretary. 

December, first Saturday — Annual school election in districts of the 
first class. 

December, second Thursday, Friday and Saturday — Teachers' examina- 
tion. 

December 25 — Christmas (legal holiday). 

January 1 — New Year's Day (legal holiday). 

January, first Monday — Organization of board in districts of the first 
class. 

February, first Saturday — Regular meeting of board of directors in dis- 
tricts of the third class. 

February 22 — Washington's Birthday (legal holiday). 

February — Ten days before first Saturday in March notices of annual 
school election in districts of the second and third class must be 
posted by clerk. 

March, first Saturday — Annual school election in districts of second and 
third class. 

March, fourth Monday after annual school election — Directors take office 
and organize at two o'clock p. m. by election of chairman and 
clerk. 

May 1 — Enumeration of children of school age. 

May, first Saturday — Regular meeting of board of directors in districts 
of the third class. 

May, second Thursday, Friday and Saturday — Teachers' examination. 

May 30 — Memorial Day (legal holiday). 

June, third Tuesday — Annual meeting of State Board of Education. 

June 30 — End of fiscal year. 

Each month, first Friday — Regular meeting of directors of districts 

of the second class. 



EXPLANATIONS OF TERMS, SYMBOLS, AND 
ABBREVIATIONS. 

Code Pub. Ins. — Code of Public Instruction. 

et seq. — and following. 

infra — Within, meaning that the section referred to follows in this book. 

L. — Laws; e. g. "L. '09, p. 163," means that the section is part of the 

Laws of 1909 and may be found on page 163 of the Session Laws 

of that year. 
Rem. & Bal. — Remington and Ballinger Annotated Codes and Statutes 

of Washington. Reference is made to the sections in Rem. & Bal. 

Code from which the sections in this Code are taken, 
supra — Above, meaning that the section referred to precedes. 
§ — Section. 
§§— Sections. 

Cross references, opinions of the Attorney Generals, and citations 
from Supreme Court decisions are put in smaller type following the 
sections to which they relate. In each case the name of the author of 
the opinion rendered by the Attorney General or his assistant is given; 
also reference is made to the reports of Supreme Court cases from 
which citations are made. 



CODE OF PUBLIC INSTRUCTION. 



TITLE I— SYSTEM OP PUBLIC INSTRUCTION 
CHAPTER 1— THE STATE 

1. State system of schools 

A general and uniform system of public schools shall be 
maintained throughout the State of Washington, and shall em- 
brace common schools (including high and elementary schools, 
schools for special help and discipline, schools or departments 
for special instruction), technical schools, the University of 
Washington, the State College of Wa-shington, state normal 
schools, state training schools, schools for defective youth, and 
such other educational institutions as may be established by 
law and maintained at public expense. (L. '09, p. 230, § 1 ; 
Rem. & Bal., § 4302.) 

Const., art. IX, § 2, provides : "The public school system shall include com- 
mon schools, and such high schools, normal schools, and technical schools as may 
hereafter be established." 

A common school, within Const., art. IX, § 2, means one that is common 
to all children of proper age and capacity, free, and subject to, and under the 
control of the qualified voters of the district. School District v. Bryan, 51 Wash. 
498. 

The provisions in the school law for compulsory vaccination is within and 
germane to the title, "An act to establish a general and uniform system of 
public schools." State ex rel. McFadden v. Shorrock, 55 Wash. 208. 

2. Administrative officers 

The administration of the public school system shall be in- 
trusted to a Superintendent of Public Instruction, a State 
Board of Education, to regents or trustees for educational in- 
stitutions, to county superintendents of common schools, to 
boards of directors and district clerks. (L. '09, p. 230, § 2 ; 
Rem. & Bal., § 4303.) 

CHAPTER 2— SUPERINTENDENT OF PUBLIC INSTRUCTION 

3. Election and term of office 

A Superintendent of Public Instruction shall be elected by 
the qualified electors of the state, on the first Tuesday after 
the first Monday in November of the year in which state officers 



10 



CODE OF PUBLIC INSTRUCTION 



are elected, and shall hold his office for the term of four years, 
and until his successor is elected and qualified. (L. '09, p. 231, 
§ 1; Rem. & Bal., § 4305.) 

See Const, art. Ill, §§1 and 3. 

4. Salary 

The Superintendent of Public Instruction shall receive an 
annual salary of three thousand dollars, payable monthly, upon 
warrant of the State Auditor, drawn upon the State Treasurer, 
in the same manner as other state officers are paid. (L. '09, 
p. 231, § 2; Rem. & Bal., § 4306.) 

See Const., art. Ill, § 22. 

5. Powers and duties 

The powers and duties of the Superintendent of Pubhc In- 
struction shall be: 

First. To have supervision over all matters pertaining to 
the public schools of the state. 

Second. To report biennially to the Governor on or before 
the first day of November preceding the regular session of the 
legislature, of which report five thousand copies shall be printed 
and delivered to the Superintendent of Public Instruction, who 
shall furnish one copy to be deposited in the state library, one 
copy to each county superintendent of schools and one copy 
to each district library. Said report shall contain a statement 
of the general condition of the public schools of the state, with 
full statistical tables by counties shov^^ing the number of 
schools and the attendance, the state and county funds ap- 
portioned, amount received from special tax and from other 
sources, amount expended for salaries of teachers, the salaries 
paid by the several counties to the county superintendent of 
schools and the amount paid for incidentals and expenses ; 
the amount paid for building and providing school houses with 
furniture and apparatus, the amount of bonded and other 
school indebtedness, with the rate of interest paid thereon, the 
reports of all state educational institutions, or such portions 
of them as he may think advisable, together with such other 
facts as he may deem of general interest. He shall also in- 



STATE OF WASHINGTON n 

elude in his report a statement of plans for the management 
and improvement of the schools. 

Third. To prepare and have printed such blanks, forms, 
registers, courses of study, rules and regulations for the gov- 
ernment of the common schools, questions prepared for the 
examination of teachers, and such other blanks and books as 
may be necessary for the discharge of the duties of teachers 
and officers charged with the administration of the laws re- 
lating to the common schools, and to distribute the same to 
the county superintendents. 

Fourth. To travel, without neglecting his other official 
duties as Superintendent of Public Instruction, for the pur- 
pose of attending educational meetings or conventions within 
this or adjoining states, of visiting schools, of consulting 
county superintendents or other school officers. 

Fifth. To submit to the State Auditor a monthly state- 
ment of his expenditures for traveling expenses. 

Sixth. To cause to be printed with an appendix of ap- 
proximate forms and instructions for carrying into execution 
the laws relating to public schools, and to distribute to each 
county superintendent a sufficient number of copies to supply 
each district officer, and to cause the same to be printed and 
distributed as often as any change in the laws shall make it 
of sufficient importance, in his opinion, to justify the same. 

Seventh. To act as ex-offlcio president of the State Board 
of Education. 

Eighth. To hold, annually, a convention of the county 
superintendents of the state at such time and place as he may 
deem convenient, for the discussion of questions pertaining to 
supervision and the administration of the school laws and 
such other subjects affecting the welfare and interests of the 
common schools as may be brought before it. Said convention 
shall continue in session not less than two days nor more than 
three days, at the option of the Superintendent of Public In- 
struction. It shall be the duty of every county superintend- 
ent in this state to attend said convention during its entire 



12 CODE OP PUBLIC INSTRUCTION 

session, and any county superintendent who attends the con- 
vention shall receive actual traveling expenses in attending 
said convention. 

Ninth. He shall file all papers, leports and public docu- 
ments transmitted to him by the school officers of the several 
counties of the state, each year separately. Copies of all pa- 
pers filed in his office, and his official acts, may be certified by 
him and attested by his official seal, and when so certified shall 
be evidence equally and in like manner as the original paper. 

Tenth. To require annually, on or before the 15th day of 
August, of the president, manager, or principal of every edu- 
cational institution in this state, a report of such facts ar- 
ranged in such form as he may prescribe, and he shall furnish 
blanks for such reports ; and it is hereby made the duty of 
every president, manager or principal, to fill up and return 
such blanks within such time as the Superintendent of Public 
Instruction shall direct. 

Eleventh. To keep in his office a directory of all boards 
of regents and trustees of state educational institutions, of the 
faculties of said institutions, and of all teachers receiving cer- 
tificates to teach in the common schools of this state. 

Twelfth. To issue certificates as provided by law. 

Thirteenth. To keep in his office at the capital of the state, 
all books and papers pertaining to the business of his office, 
and to keep and preserve in his office a complete record of 
statistics, and all matters pertaining to the educational inter- 
ests of the state, as well as a record of the meetings of the 
State Board of Education. 

Fourteenth. To decide all points of law which may be sub- 
mitted to him in writing by any county superintendent, or that 
may be submitted to him by any other person, upon appeal 
from the decision of any county superintendent ; and he shall 
publish his rulings and decisions from time to time for the in- 
formation of school officers and teachers ; and his decision shall 
be final unless set aside by a court of competent jurisdiction. 

Fifteenth. To administer oaths and affirmations in the dis- 
charge of his official duties. 



STATE OF WASHINGTON 



13 



Sixteenth. To deliver over to his successor, at the expira- 
tion of his term of office, all records, books, maps, documents 
and papers of whatever kind belonging to his office, or which 
may have been received by him for the use of his office. 

Seventeenth. To prepare and from time to time to revise 
a State Manual of Washington, which shall be sold at actual 
cost of publication and distribution, said manual to contain 
a sketch of the history of the state, an outline of the constitu- 
tion of the state, excerpts from the school code, the courses 
of study and rules for the general government of the common 
schools, a map of the state, and a map of the topography of 
the state, and such other matter as the State Superintendent 
or the State Board of Education from time to time shall de- 
termine. 

Eighteenth. To make a certified copy of papers filed in 
his office and of his official acts, attested by his official seal. He 
shall charge for such certified copy fifteen cents per folio, and 
all money so received shall be immediately paid to the State 
Treasurer and credited to the general fund of the state. 

Nineteenth. To perform such other duties as may be re- 
quired by law. (L. '09, p. 231, § 3 ; Rem. & Bal., § 4307.) 

The traveling expenses of the state superintendent should be paid from the 
appropriation made for that office. If there are no funds available at any time, 
the county superintendent is authorized to pay the traveling expenses of the 
state superintendent attending a county teachers' institute and to pay said ex- 
penses from the county institute fund. — Lyle. 

6. Assistants and deputy 

The Superintendent of Public Instruction is hereby au- 
thorized to appoint one Assistant Superintendent of Public In- 
struction, who shall be the holder of not less than a first grade 
certificate ; a Deputy Superintendent of Public Instruction, who 
shall also act as an inspector of schools, who shall be the holder 
of not less than a first grade certificate ; a stenographer, and 
also to employ such other assistance as the needs of his office 
shall require from time to time, and for the payment of whose 
services appropriations shall have been made by the legislature 
of this state. (L. '09, p. 234, § 4; Rem. & Bal., § 4308.) 



14 CODE OF PUBLIC INSTRUCTION 

CHAPTER 3— STATE BOARD OF EDUCATION 

7. Personnel of the board — How appointed — Term of office 

The State Board of Education shall consist of the Superin- 
tendent of Public Instruction, the president of the University of 
Washington, the president of the State College of Washington, 
the principal of one of the state normal schools elected by the 
principals of the state normal schools, and three persons holding 
life diplomas issued under the authority of this state and ac- 
tively engaged in educational work, appointed by the Governor, 
one of whom shall be a superintendent of a district of the first 
class, one a county superintendent of schools, one a principal 
of a fully accredited four-year high school. 

The appointed and elected members of the board shall hold 
their office for two years from the date of appointment and shall 
serve until their successors are appointed and qualified. (L. '09, 
p. 234, § 1 ; Rem. & Bal., § 4309.) 

Vacancies, how filled. See, infra, § 4-18, Code Pub. Ins. 

8. President of the board 

The Superintendent of Public Instruction shall be ex-ofjicio 
president of the board, and shall furnish all necessary record 
books and blanks for its use, and shall represent the board in 
directing the work of high school inspection. (L. '09, p. 235, 

§ 2; Rem. & BaL, § 4310.) 

9. Secretary of the board 

The Deputy Superintendent of Public Instruction shall be 
ex-ofjicio secretary of said board, but shall not be entitled to a 
vote in its proceedings. He shall keep a correct record of its 
proceedings in a good and well-bound book, which shall be kept 
in the office of the Superintendent of Public Instruction. He 
shall also, upon request, furnish to the executive head of any or 
all of the state institutions of higher education a certified copy 
of such proceedings. (L. '09, p. 235, § 3 ; Rem. & Bal., § 4311.) 

10. Annual meeting — Expenses of the board 

The State Board of Education shall hold an annual meeting 
at the capital of the state on the third Tuesday of June of each 



STATE OF WASHINGTON 



15 



year, and may hold such special meetings as may be deemed nec- 
essary for the transaction of public business, such special meet- 
ings to be called by the Superintendent of Pubhc Instruction. 
The persons serving as members of the State Board of Educa- 
tion shall be reimbursed for the actual expenses incurred in the 
performance of their duties, which expenses shall be paid by the 
State Treasurer on warrants of the State Auditor, out of 
funds not otherwise appropriated, upon the certificate of the 
Superintendent of Public Instruction: Provided, That members 
of the board who are not under salary to whom special committee 
work is assigned shall be paid for such services five dollars per 
day. (L. '09, p. 235, § 4; Rem. & Bal., § 4312.) 

11. Powers and duties of the board 

The State Board of Education shall have power, and it shall 
be its duty : 

First, To approve the preparatory requirements for entrance 
to the University of Washington, the State College of Wash- 
ington, and the State Normal Schools of Washington. 

Second. To approve courses for the state normal schools, 
for the department of education of the University of Washing- 
ton, and the State College of Washington, and for all normal 
training departments of higher institutions within the State of 
Washington which may be accredited and whose graduates may 
become entitled to receive teachers' life diplomas or professional 
certificates. 

Third. To investigate the character of the work required to 
be performed as a condition of entrance to and graduation from 
normal schools, colleges, universities and other institutions of 
higher education and to prepare an accredited list of those 
higher institutions of learning of this and other states whose 
graduates may be awarded teachers' certificates by the Superin- 
tendent of Public Instruction without examination except upon 
the State Manual of Washington : Provided,- That the entrance 
and graduation requirements of all colleges and universities 
whose diplomas are accredited must be equal to those of the 
University of Washington ; and the requirements for normal 



IQ CODE OF PUBLIC INSTRUCTION 

schools shall be equal to the advanced course of the state normal 
schools of this state. 

Fourth. To prepare an accredited list of state life certifi- 
cates and life diplomas issued in other states by examination, 
upon which certificates may be issued in this state without ex- 
amination, except in Washington State Mjanual : Provided, That 
the requirements to obtain such certificates and diplomas must 
be equal to the requirements for a life certificate in this state. 

Fifth. To examine and accredit secondary schools : Pro- 
vided, That no private academy shall be placed upon the ac- 
credited list so long as secret societies are allowed to exist among 
its students. 

Sixth. When requested by any institution of higher learning 
situated within the state maintaining a normal training depart- 
ment the board shall send an inspector, qualified for such serv- 
ice, to examine the equipment of such department and to as- 
certain the extent and character of the courses provided and the 
preparatory requirements for admission to them, which re- 
quirements must include the completion of a high school course 
or its equivalent, and particularly the qualifications and exper- 
ience of the instructors and supervisors who are responsible for 
the work of this department. 

The inspector shall make a detailed report, including declara- 
tion of his opinion of the adequacy of the department for the 
work of educating and training teachers, which report shall be 
placed on file in the office of the Superintendent of Public In- 
struction. 

If any such normal training department is ascertained to be 
equipped and manned adequately for the education and train- 
ing of teachers and to be under reliable and responsible manage- 
ment and upon a basis of efficiency equal to that of the normal 
schools maintained by the state, it shall be the duty of the board 
to accredit such department and to grant life diplomas to grad- 
uates who present diplomas certifying that the holders have 
completed the courses approved by the board when the appli- 
cants have complied with the other requirements for life diplo- 



STATE OF WASHINGTON 



IT 



mas. It shall be the further duty of the board to inspect all 
accredited normal training departments each year. 

Seventh. To prepare an outline course or courses of study 
for the primary, grammar and high school departments of the 
common schools, and to prescribe such rules for the general 
government of the common schools as shall secure regularity of 
attendance, prevent truancy, secure efficiency and promote the 
true interests of the common schools. 

Eighth. To prepare a uniform series of questions to be used 
by the county superintendents in the examination of teachers, 
and to determine rules and regulations for conducting the same, 
and to prepare questions for the examination of applicants for 
state elementary certificates and life diplomas. 

Ninth. To prepare answers to all examination questions 
which are prepared by the board. 

Tenth. To prepare uniform questions for use in the ex- 
amination of the pupils of the schools of the state completing 
the grammar school course of study, and to prescribe uniform 
rules and regulations for the conducting of such examination. 

Eleventh. To hear and decide appeals as provided by law. 
(L. '09, p. 326, § 5; Rem. & Bal., § 4313.) 

See, supra, § 5, Code Pubs. Ins., appeals. 

See, infra, § 448, Code Pub. Ins., vacancies. 

The fact tliat a course of study prescribed by the State Board of Education 
was inadvisable is immaterial in an action to enjoin a county board from 
adopting another course of study, as the courts cannot review the action of the 
state board except for fraud. Rand, MoNalli/ & Go. v. Hartranft, 32 Wash. 378. 

Where a board of education is by law constituted a tribunal, from which 
there is no appeal, for the trial of its school officers, a member of the board who 
has caused charges to be preferred against a school superintendent because of 
personal hostility toward him, and has announced a determination to vote against 
him, whatever the evidence, is disqualified to sit as a member of such tribunal 
during the trial of the superintendent, and, if he attempts to participate as 
a member of the tribunal, may be restrained by the issuance of a writ of pro- 
hibition. State ex rel. Barnard v. Board of Education, 19 Wash. 8. 

12. Shall unify public school system 

The board shall arrange such courses and adopt and enforce 
such regulations as will place the state institutions in har- 
monious relations with the common schools and with each other, 
and unify the work of the public school system. (L. '09, p. 238, 
§ 6; Rem. & Bal., § 4314.) 



18 CODE OF PUBLIC INSTRUCTION 

13. Seal of the board 

The State Board of Education shall adopt a seal, which shall 
be kept in the office of the Superintendent of Public Instruction. 
(L. '09, p. 238, § 7 ; Rem. & Bal., § 4315.) 

TITLE II— HIGHER AND SPECIAL INSTITUTIONS OF EDUCATION 
CHAPTER 1— UNIVERSITY OF WASHINGTON 

14. Establishment of 

The State University, as heretofore located and established 
in the city of Seattle, county of King, shall be designated and 
named the University of Washington. (L. '09, p. 238, § 1 ; 
Rem. & Bal., § 4316.) 

See, infra, § 538, etc.. Code Pub. Ins., University funds. 
See, infra, § 601, etc.. Code Pub. Ins., Unirersity lands. 
See, infra, § 465, Code Pub. Ins., museum of. 

15. Aim and purpose 

The aim and the purpose of the University of Washington 
shall be to provide for students of both sexes, on equal terms, a 
liberal instruction in the different branches of literature, science, 
art, law, medicine, military science and such other departments 
of instruction as may be established therein from time to time 
by the board of regents. Tuition in the University of Washing- 
ton, except as may be provided by the board of regents with 
reference to the arts or to special courses of study, shall be free 
to all bona fide residents of this state. Non-residents of this 
state shall be admitted to the said university on such terms as 
may from time to time be prescribed by the board of regents : 
Provided, That no student shall be admitted to any department 
of the university who is under the age of sixteen years. The 
said university shall, as far as practicable, begin its course of 
study in its literary and scientific departments at the points 
where the same are completed in the public high schools of this 
state. No student shall be admitted except upon examination 
satisfactory to the faculty of the university : Provided, however. 
That students shall be admitted without examination upon pre- 
sentation of certificates from those public high schools and other 
educational institutions in this state whose courses of study shall 



STATE OF WASHINGTON 



19 



have been approved by said faculty of the university, and ac- 
credited by the State Board of Education : Provided, That said 
faculty shall have power to specify the preparation required for 
admission to any department of the university. (L. '09, p. 238, 
§ 2; Rem. & Bal., § 4317.) 

The board of regents cannot impose upon students of the university (except 
law students) a library fee of $10 a year. — Tannee. 

Under a franchise granting to the Seattle Electric Company providing that 
"School children going to and from school shall ride for half fare" the words 
school children as employed in the franchise include only those who are com- 
monly referred to as school children, not students of the universities or col- 
leges or schools where a particular branch of work is pursued. Such students 
are not entitled to half fare rate : State ex rel. Seattle v. Seattle Electric Co., 
29 Wash. Dec. 153. 

16. Board of regents — Term of office 

The government of the University of Washington shall be 
vested in a board of regents to consist of seven members, who 
shall be appointed by the Governor of the state, by and with 
the advice and consent of the senate, and who shall hold their 
offices respectively for a term of six years from the second Mon- 
day in March next succeeding their appointment and until their 
successors shall be appointed and shall qualify : Provided, That 
regents now serving upon such board shall continue as such 
during the terms for which they were respectively appointed. 
Four members of said board shall constitute a quorum for the 
transaction of business. Whenever there shall be a vacancy in 
the said board of regents, from any cause whatever, it shall be 
the duty of the Governor to fill such office by appointment, and 
the person or persons so appointed shall continue in office until 
the close of the legislature next thereafter, or until others are 
appointed and qualified in their stead. Each regent before 
entering upon the duties of his office must qualify by taking the 
usual oath .of office before some officer authorized by law to ad- 
minister the same and file a copy of said oath with the Secretary 
of State. (L. '09, p. 239, § 3; Rem. & Bal., § 4318.) 

17. Organization of board — iVleetings 

The board shall organize by electing from its membership a 
president and an executive committee, of which committee the 
president shall be ex-ofpcio chairman. The board shall hold regu- 



20 



CODE OF PUBLIC INSTRUCTION 



lar quarterly meetings, and during the interim between such 
meetings the executive committee may transact business for the 
whole board: Provided, That the executive committee may call 
special meetings of the whole board when such action is deemed 
necessary. (L. '09, p. MO, § 4 ; Rem. & Bal., § 4319.) 

See § 5396, Rem. & Bal., president a member of the geological survey board. 

18. Powers and duties of regents 

The board of regents may adopt by-laws or rules and regu- 
lations for its own government. The powers and duties of the 
board of regents are as follows : 

First. The said board shall have full control of the univer- 
sity and its property of various kinds, and shall employ the 
president, members of the faculty, assistants and employes of 
the institution, who shall hold their positions during the pleas- 
ure of said board of regents. 

Second. It shall be the duty of the board of regents, with the 
assistance of the faculty of the university, to prescribe the 
course of study in the various departments of the institution 
and to publish the annual catalogue. 

Third. The said board shall grant to every student, upon 
graduation, a suitable diploma or degree, such student having 
been recommended for such honor by the faculty. The board 
shall also have power, upon recommendation of the faculty, to 
confer the usual honorary degrees upon other persons than 
graduates of this university in recognition of their learning or 
devotion to literature, art or science ; but no degree shall ever 
be conferred in consideration of the payment of money or other 
valuable thing. The said board is also empowered, upon recom- 
mendation of the faculty, to grant normal diplomas, which shall 
entitle the holder to teach in any public school in the state for 
a period of five years ; and to grant university life diplomas to 
candidates who shall give satisfactory evidence of having taught 
successfully for twenty-four months : Provided, That all can- 
didates for the normal diploma and life diploma shall have satis- 
factorily completed not less than twelve semester hours in the 
Department of Education. 



STATE OF WASHINGTON g^ 



Fourth. The board of regents is authorized to receive such 
bequests and gratuities as may be granted to the said univer- 
sity and to invest or expend the same according to the terms of 
said bequests or gratuities. The said board shall adopt proper 
rules to govern and protect the receipt and expenditure of the 
proceeds of all fees, bequests or gratuities, and shall make full 
report of the same in the customary biennial report to the 
Governor, or more frequently, if required by law. 

Fifth. The board of regents is authorized and empowered to 
give and execute, on behalf of the State of Washington, the 
bonds and other papers required by the war department for the 
safe keeping of the arms and equipments loaned by the United 
States to the University of Washington. 

Sixth. The board of regents shall transmit, on the first day 
of January preceding each regular session of the legislature, 
to the Governor a printed report of all the doings since their 
last report, not exceeding three hundred in number, giving full 
information of the receipt and expenditure of money, furnish 
an estimate of the needs of the institution, and give such infor- 
mation as will be helpful to the state authorities in providing 
for the said institution. 

Seventh. The members of said board of regents shall serve 
without compensation. Each regent, however, shall be paid his 
actual traveling expenses in going to and coming from any 
meeting of said board, and such claims for expenses shall be 
audited on vouchers issued by the president and secretary of 
said board the same as any other claims are audited. (L. '09, 
p. 240, § 5 ; Rem. & BaL, § 4321.) 

See, infra, § 606, Code Pub. Ins., classification. 

See, infra, § 447, Code Pub. Ins., authorized to apply for participation in 
Carnegie fund. 

See, infra, § 478, Code Pub. Ins., authority of regents to expend income. 

Professors and instructors who attend county institutes and give lectures at 
the request of the county superintendent may receive compensation. — Ltle. 

19. Faculty 

The faculty of the University of Washington shall consist 
of the president and the professors, and the said faculty shall 



22 CODE OF PUBLIC INSTRUCTION 

have charge of the immediate government of the institution 
under such rules as may be prescribed by the board of regents. 
(L. '09, p. Ml, § 6; Rem. & Bal., § 4322.) 

Faculty may prohibit fraternity and sorority houses from occupying adjacent 
houses if they deem it necessary for the welfare of the students and university. 
— Tanner. 

20. Non-sectarian 

The University of Washington shall never be under the con- 
trol of any religious or sectarian denomination or society what- 
ever. (L. '09, p. 242, § 7; Rem. & Bal., § 4323.) 

21. Attorney General legal advisor 

The Attorney General of the state shall be the legal advisor 
of the president and the board of regents of the university, and 
he shall institute and prosecute or defend all suits in behalf of 
the same. (L. '09, p. 242, § 8; Rem. & Bah, § 4324.) 

22. Erection of buildings 

It shall be the duty of the board of regents herein provided 
for, as soon after their organization as practicable, and as soon 
as there shall be an appropriation therefor in the hands of the 
State Treasurer in any amount sufficient to warrant the begin- 
ning the erection of the several buildings herein provided for, 
or any wing or section of the same, to enter into contracts with 
one or more contractors for the erection and construction of 
such suitable buildings and improvements for the institution 
created by this chapter as in their judgment shall be deemed 
best, or the funds aforesaid shall warrant, all things considered ; 
such contract or contracts to be let after open public notice and 
competition under such regulations as shall be established by 
said board to the person or persons who offer to execute such 
work on the most advantageous terms : Provided, That in all 
cases said board shall require from contractors a good and suf- 
ficient bond for the faithful performance of the work, and the 
full protection of the state against mechanics' and other liens : 
And provided furtlier. That the board shall not have the power 
to enter into any contract for the erection of any buildings or 
improvements which shall bind said board to pay out any sum 



STATE OF WASHINGTON 23 

of money in excess of the amount provided for said purpose. 
(L. '09, p. 242, § 9; Rem. & Bal., § 4326.) 

The meaning of "several buildings herein provided for" is not clear, as this 
act does not authorize or provide for any. 

23. Mechanics and employes 

The board provided for in this chapter shall have power in 
their discretion to employ skilled architects and superintendents 
to prepare plans and specifications, and to supervise the con- 
struction of any of the buildings provided for in this chapter, 
and to fix the compensation for such services, subject to the 
provisions and restrictions of this act. (L. '09, p. 242, § 10 ; 
Rem. & Bal., § 4327.) 

See note to last section. 

24. To begin building wiien funds are available 

Whenever there shall be any money in the hands of the State 
Treasurer to the credit of any of the specific funds set apart 
for that institution created by this chapter, deemed sufficient by 
the board to commence the erection of any of the necessary 
buildings or improvements, or to pay the necessary running or 
other expenses of said institution, the State Auditor, on the 
request in writing of said board, shall, and it is hereby made his 
duty to draw his warrant in favor of the treasurer of said 
board and upon the state treasury against the specific fund be- 
longing to said institution in such sum not exceeding the amount 
on hand in such specific fund at such time as said board may 
deem necessary : Provided, That said board shall draw said 
money as it may be necessary to disburse the same. (L. '09, 
p. 243, § 11 ; Rem. & Bal., § 4328.) 

CHAPTER 2— STATE COLLEGE OP WASHINGTON 

25. Establisiiment and purpose 

The State College, Experiment Station and School of Science 
of the State of Washington, as heretofore located at Pullman, 
Whitman county, shall be an institution of learning open to 
the children of all residents of this state, and to such other 
persons as the board of regents may determine, under such rules 



g4 CODE OF PUBLIC INSTRUCTION 



and regulations as may be prescribed by the board of regents ; 
shall be non-sectarian in character, and devoted to practical in- 
struction in agriculture, mechanical arts, and natural sciences 
connected therewith, as well as a thorough course of instruc- 
tion in all branches of learning upon agricultural and other in- 
dustrial pursuits. 

No student shall be admitted except upon examination satis- 
factory to the faculty of the State College: Provided, however, 
That students shall be admitted without examination upon pre- 
sentation of certificates from those public high schools and 
other educational institutions in this state whose courses of 
study shall have been approved by said faculty of the State 
College and accredited by the State Board of Education : Pro- 
vided further. That said faculty shall have power to specify the 
preparation required for admission to any department of the 
State College. (L. '09, p. MS, § 1 ; Rem. & Bah, § 4333.) 

The State College of Washington is a state institution : State ex rel. Johnson 
V. Clausen, 51 Wash. 458. 

26. Ex-officio visitors 

The Governor of the State of Washington, the Superintend- 
ent of Public Instruction, members of the legislature, and county 
commissioners shall be ex-officio visitors of said college. But 
said visitors shall have no power granted to control the action 
of the board of regents or to negative its duties as defined by 
law. (L. '09, p. 244, § 2; Rem. & Bal., § 4334.) 

27. Course of instruction 

The course of instruction of said college shall embrace the 
English language, literature, mathematics, philosophy, civil 
and mechanical engineering, chemistry, animal and vegetable 
anatomy and physiology, the veterinary art, entomology, geol- 
ogy, political economy, rural and household economy, horticul- 
ture, moral philosophy, history, mechanics, and such other 
courses of instruction as shall be prescribed by the board of 
regents. One of the objects of said college shall be to train 
teachers of physical science, and thereby further the applica- 
tion of the principles of physical science to industrial pursuits ; 



STATE OF WASHINGTON 35 



to collect information as to schemes of technical instruction 
adopted in other parts of the United States and in foreign 
countries, and to hold farmers' institutes at such times and 
places and under such regulations as the board of regents may 
determine : Provided, That no student shall be admitted to any 
department of the State College who is under the age of sixteen 
years. (L. '09, p. 244, § 3; Rem. & Bal., § 4335.) 

28. Departments of instruction 

The board of regents shall provide that all instruction given 
in the college shall, to the utmost practicable extent, be con- 
veyed by means of practical work in the laboratory, and shall 
provide in connection with said college the following labora- 
tories : One physical laboratory or more, one chemical labora- 
tory or more, and one biological laboratory or more, and suit- 
ably furnish and equip the same. Said board of regents shall 
provide that all male students shall be trained in military tac- 
tics. Said board of regents shall establish a department of ele- 
mentary science, and in connection therewith provide instruc- 
tion in the following subj ects : Elementary mathematics, in- 
cluding elementary trigonometry, elementary mechanics, ele- 
mentary and mechanical drawing and land surveying. Said 
board of regents shall establish a department of said college to 
be designated as the department of agriculture, and in connec- 
tion therewith shall provide instruction in the following sub- 
jects: First. Physics, with special application of its principles 
to agriculture. Second. Chemistry, with special application 
of its principles to agriculture. Third. Morphology and phy- 
siology of plants, with special reference to the commonly grown 
crops and their fungus enemies. Fourth. Morphology and 
physiology of the lower forms of animal life, with special refer- 
ence to insect pests. Fifth. Morphology and physiology of 
the higher forms of animal life, and in particular of the horse, 
cow, sheep and swine. Sixth. Agriculture, with special refer- 
ence to the breeding and feeding of livestock, and the best mode 
of cultivation of farm produce. Seventh. Mining and metal- 
lurgy. And it shall appoint demonstrators in each of these 



gg CODE OF PUBLIC INSTRUCTION 

subjects, to superintend the equipment of a laboratory and to 
give practical instruction in the same. Said board of regents 
shall establish an agricultural experiment station in connection 
with the department of agriculture of said college, appoint its 
officers and prescribe such regulations for its management as it 
may deem expedient. Said board of regents may establish 
other departments of said college, and provide courses of in- 
struction therein, when those are, in its judgment, required for 
the better carr^ang out of the object of the college. (L. '09, p. 
244, § 4; Rem. & Bal., § 4336.) 

See, infra, § 34, Code Pub. Ins., experiment station established by Congress. 
29. Regents — Appointment and term of office — Bonds 

The management of said college and experiment station, the 
care and preservation of all property of which the institution 
shall become possessed, the erection and construction of all 
buildings necessary for the use of said college and station, and 
the disbursement and expenditure of all money provided for by 
this chapter, shall be vested in a board of five regents ; said 
five members of the board of regents shall be appointed in the 
manner provided by law ; said regents and their successors in 
office shall have the right to cause all things to be done neces- 
sary to carry out the provisions of this chapter. The board of 
regents provided for in this chapter shall be appointed by the 
Governor, by and with the consent of the senate, one for a 
term of two years, two for a term of four years, and two for a 
term of six years ; and each regent shall, before entering upon 
the discharge of his respective duties as such, execute a good and 
sufficient bond to the State of Washington, with two or more 
sufficient sureties, residents of the state, in the penal sum of not 
less than five thousand dollars ($5,000) each, conditioned for 
the faithful performance of his duties as such regent : Provided, 
That all appointments made to fill vacancies caused by death, 
resignation or otherwise, shall be for the unexpired term of the 
incumbent whose place shall have become vacant. All other 
appointments made subsequent to the appointment of the first 
board of regents provided for in this act shall be for the term 



STATE OF WASHINGTON gty 



of six years and until the appointment and qualification of a 
successor to each appointee: Provided further. That regents 
now serving upon such board shall continue as such during the 
term for which they were respectively appointed. (L. '09, p. 
245, § 5 ; Rem. & Bal., § 4337.) 

See, infra, § 447, Code Pub. Ins., authorized to apply for participation in 
Carnegie fund. 

If a board of regents stands by and allows a succeeding board to assume and 
discharge the duties of such office without question, the succeeding board, 
although illegally appointed, becomes the de facto board, and the courts should 
aid it in obtaining possession of the funds devoted to such institution : State 
ex rel. Stearns v. Smith, 9 Wash. 195. 

30. Organization of board — Treasurer — Bonds 

The board of regents shall meet and organize by the election 
of its president and treasurer from their own number, on the 
first Wednesday in April of each year. The person so elected 
as treasurer shall, before entering upon the discharge of his 
duties as such, execute a good and sufficient bond to the State 
of Washington with two or more sufficient sureties, residents of 
the state, in the penal sum of not less than forty thousand dol- 
lars ($40,000), conditioned for the faithful performance of his 
duties as such treasurer, and that he will faithfully account 
for and pay over to the person or persons entitled thereto all 
moneys which shall come into his hands as such officer, which 
bond shall be approved by the Governor of the state, and shall 
be filed with the Secretary of State. The president of the col- 
lege shall be secretary of the board of regents, and shall per- 
form all the duties pertaining to that office, but shall not have 
the right to vote. The secretary shall in like manner as the 
treasurer give a bond in the penal sum of not less than five 
thousand dollars ($5,000), conditioned for the faithful per- 
formance of his duties as such officer. (L. '09, p. 246, § 6 ; 
Rem. & Bal., § 4338.) 

The election by a de facto board of regents of one of their number as treas- 
urer constitutes him treasurer, and entitles him to the funds in the hands of 
the treasurer of the preceding board. — State ex rel. Stearns v. Smith, 9 Wash. 
195. 

Moneys received by the treasurer of the board of regents of the state college 
and the students' fees and rents from sources other than the general and state 
government are not a part of the state's finances to be paid over by him to the 
state treasurer each day, although such college is a state institution : State ex 
rel. Johnson v. Clausen, 51 Wash. 548. 



gg CODE OF PUBLIC INSTRUCTION 

31. Duties of president, treasurer and secretary 

The president of said board shall be the chief executive of- 
ficer, shall preside at all meetings thereof, except that in his 
absence the board may appoint a president pro tempore, and 
sign all instruments required to be executed by said board. The 
treasurer shall be the financial officer of said board, shall keep 
a true account of all moneys received and expended by him. The 
secretary shall be the recording officer of said board, shall attest 
all instruments required to be signed by the president, and shall 
keep a true record of all the proceedings of said board, and do 
all other things required of him by said board. (L. '09, p. 247, 
§ 7; Rem. & Bah, § 4339.) 

32. Regents enact by-laws 

The regents shall have the power, and it shall be their duty, 
to enact laws for the government of said State College, Experi- 
ment Station and School of Science : Provided, The board of 
regents shall maintain at least one experimental station in the 
western portion of the state. (L. '09, p. 247, § 8; Rem. & Bal., 
§ 4340.) 

33. Regents have general control of funds 

The board of regents shall direct the disposition of any 
moneys belonging to or appropriated to the Agricultural Col- 
lege, Experiment Station and School of Science, established by 
this act, and shall make all rules and regulations necessary for 
the management of the same, adopt plans and specifications for 
necessary buildings, and superintend the construction of 
said buildings, and fix the salaries of professors, teachers and 
other employes, and tuition fees to be charged in said college. 
(L. '09, p. 247, § 9; Rem. & Bal., § 4341.) 

34. Experiment station established by Congress 

The agricultural experiment station provided for in this 
act in connection with the State College shall be under the di- 
rection of said board of regents of said college for the purpose 
of conducting experiments in agriculture according to the terms 
of section one (1) of an act of Congress approved March 2, 



STATE OF WASHINGTON 



29 



1887, and entitled "An act to establish agricultural experiment 
stations in connection with the colleges established in the sev- 
eral states, under the provisions of an act approved July 2, 
1862, and of the acts supplementary thereto." The said col- 
lege and experiment station shall be entitled to receive all the 
benefits and donations made and given to similar institutions of 
learning in other states and territories of the United States 
by the legislation of the Congress of the United States now in 
force, or that may be enacted, and particularly to the benefits 
and donations given by the provisions of an act of Congress 
entitled "An act donating public lands to the several states and 
territories which may provide colleges for the benefit of agri- 
cultural and mechanic arts," approved July 2, 1862, and all 
acts supplementary thereto, including the act entitled "An act 
to establish agricultural experiment stations in connection with 
colleges established in the several cities under the provisions of 
an act approved July 2, 1862, and of the acts supplementary 
thereto," which said last entitled act was approved March 2, 
1887; also "An act to apply a portion of the proceeds of the 
public lands to the more complete endowment and support of 
the colleges for the benefit of agriculture and the mechanic arts, 
established under the provisions of an act of Congress approved 
July 2, 1862," which said last mentioned act was approved 
August 30, 1890. (L. '09, p. 247, § 10; Rem. & Bal., § 4342.) 

35. Assent to Congressional requirements 

The assent of the legislature of the State of Washington is 
hereby given, in pursuance of the requirements of section nine 
(9) of said act of Congress, approved March 2, 1887, to the 
granting of money therein made to the establishment of experi- 
ment stations in accordance with section one (1) of said last 
mentioned act, and assent is hereby given to carry out, within 
the State of Washington, every provision of said act. (L. '09, 
p. 248, § 11; Rem. & Bal., § 4343.) 

36. Meetings of tiie board of regents 

The meetings of the board of regents may be called in such 
manner as the board may prescribe, and the majority of said 



30 CODE OF PUBLIC INSTRUCTION 

board shall constitute a quorum for the transaction of busi- 
ness ; but a less number may adjourn from time to time. No 
vacancy in said board shall impair the rights of the remaining 
board. A full meeting of the board shall be called at least 
once a year. (L. '09, p. 248, § 12; Rem. & Bah, § 4348.) 

37. Regents must subscribe to oath 

Each member of the board of regents created by this chap- 
ter shall, before entering upon his duties, take and subscribe 
an oath to discharge faithfully and honestly his duties in the 
premises, and to perform strictly and impartially the same to 
the best of his ability ; said oath shall be filed with the Secretary 
of State. (L. '09, p. 248, § 13; Rem. & BaL, § 4349.) 

38. Expenses of regents 

The regents shall be allowed their actual and necessary trav- 
eling expenses in going to and returning from all the necessary 
sessions of the board ; and also their necessary expenses while 
in actual attendance upon the same. (L. '09, p. 249, § 14 ; 
Rem. & BaL, § 4350.) 

39. Shall make annual report to governor 

The board of regents shall, on or before the first day of No- 
vember of each year, make a full and true report in detail of 
all their acts and doings during the previous year, their receipts 
and expenditures, the exact status of their institution, and 
other information they may deem proper and useful, or which 
may be called for by the Governor, which said report shall be 
made to the Governor, who shall transmit the same to the suc- 
ceeding session of the legislature. A copy of said report shall 
be furnished to the Superintendent of Public Instruction. (L. 
'09, p. 249, § 15; Rem. & Bah, § 4351.) 

40. Disbursement of funds 

The treasurer of said board shall make disbursement of the 
funds in his hands on the order of the board, which order shall 
be countersigned by the secretary of the board, and shall state 



. STATE OP WASHINGTON Qi 

on what account the disbursement is made. (L. '09, p. 249, § 16 ; 
Rem. & Bal., § 4352.) 

See, infra, § 545, Code Pub. Ins., funds. 

See, infra, § 550, Code Pub. Ins., investment of funds. 

Superseded by, infra, § 546, Code Pub. Ins. 

41. No pecuniary interest 

No employe or member of the board created by this chapter 
shall be interested pecuniarily, either directly or indirectly, in 
any contract for any building or improvement of said institu- 
tion, or for the furnishing of supplies for the same. (L. '09, 
p. 249, § 17; Rem. & Bal., § 4353.) 

42. Governor ex-officio member 

The Governor of the state shall be ex-officio advisory mem- 
ber of the board provided for in this chapter, but shall not 
have the right to vote, nor be eligible to office therein. (L. '09, 
p. 249, § 18; Rem. & Bal., § 4354.) 

43. Board shall grant diplomas and degrees 

The board of regents shall grant to every student, upon 
graduation, a suitable diploma or degree, such student having 
been recommended for such honor by the faculty. The board 
shall also have power, upon recommendation of the faculty, to 
confer the usual honorary degrees upon other persons than 
graduates of this college in recognition of their learning or 
devotion to literature, art or science ; but no degree shall ever 
be conferred in consideration of the payment of money or other 
valuable thing. The said board is also empowered, upon rec- 
ommendation of the faculty, to grant normal diplomas which 
shall entitle the holder to teach in any public school in the 
state for a period of five years ; and to grant life diplomas to 
candidates who shall give satisfactory evidence of having 
taught successfully for twenty-four (24) months: Provided, 
That all candidates for the normal diploma and life diploma 
shall have satisfactorily completed not less than twelve semester 
hours in the Department of Education. (L. '09, p. 249, § 19; 
Rem. & Bal., §4355.) 



32 



CODE OF PUBLIC INSTRUCTION 



44. Erection of buildings 

It shall be the duty of the board of regents herein provided 
for, as soon after their organization as practicable, and as 
soon as there shall be an appropriation therefor in the hands 
of the State Treasurer in any amount sufficient to warrant the 
beginning the erection of the several buildings herein provided 
for, or any wing or section of the same, to enter into contracts 
with one or more contractors for the erection and construction 
of such suitable buildings and improvements for the institution 
created by this chapter as in their judgment shall be deemed 
best, or the funds aforesaid shall warrant, all things consid- 
ered; such contract or contracts to be let after open public 
notice and competition under such regulations as shall be es- 
tablished by said board to the person or persons who offer to 
execute such work on the most advantageous terms : Provided, 
That in all cases said board shall require from contractors a 
good and sufficient bond for the faithful performance of the 
work, and the full protection of the state against mechanics' 
and other liens : And provided further. That the board shall 
not have the power to enter into any contract for the erection 
of any buildings or Improvements which shall bind said board 
to pay out any sum of money in excess of the amount provided 
for said purpose. (L. '09, p. 250, § 20 ; Rem. & Bal., § 4356.) 

45. To employ architects 

The board provided for in this chapter shall have power in 
their discretion to employ skilled architects and superintend- 
ents to prepare plans and specifications, and to supervise the 
construction of any of the buildings provided for in this chap- 
ter, and to fix the compensation for such services subject to the 
provisions and restrictions of this act. (L. '09, p. 250, § 21 ; 
Rem. & Bal., § 4357.) 

46. State Auditor to issue warrants 

Whenever there shall be any money In the hands of the State 
Treasurer to the credit of any of the specific funds set apart 
for that institution created by this chapter, deemed sufficient 
by the board to commence the erection of any of the necessary 



STATE OF WASHINGTON 33 



buildings or improvements, or to pay the necessary running 
or other expenses of said institution, and any proper indebted- 
ness has been incurred, the State Auditor upon receipt of prop- 
erly audited vouchers shall, and it is hereby made his duty 
to draw his warrants for the payment thereof upon the State 
Treasurer against the specific fund belonging to said institu- 
tion in such sum, not exceeding the amount on hand in such 
specific fund at such time, provided proper appropriations 
have been made therefor. (L. '09, p. 251, § 22; Rem. & Bal., 
§ 4358.) 

CHAPTER 3— STATE NORMAL SCHOOLS 

47. Establishment and corporate title 

The State Normal School at Cheney, the State Normal 
School at Bellingham, the State Normal School at Ellensburg, 
and such other state normal schools as may hereafter be es- 
tablished, shall each be under the management and control of 
a board of three trustees, to be known as "Board of Trustees 

of the State Normal School at " Said trustees 

shall be appointed by the Governor, by and with the advice 
and consent of the senate. (L. '09, p. 251, § 1 ; Rem. & Bal., 
§ 4360.) 

See, infra, §§ 543, 550, Code Pub. Ins., normal school funds. 

48. Trustees — Appointment — Term of office 

All trustees of the state normal schools serving at the time 
of the passage of this act shall continue to hold their respect- 
ive offices as such trustees for the full term for which they 
were appointed; and thereafter all trustees shall be appointed 
for six years, except in cases of appointments to fill vacancies, 
in which cases the appointment shall be made for the unexpired 
term of the trustee whose office has become vacant. In case 
of the establishment of any additional state normal schools, 
unless otherwise expressly provided by law, the Governor shall 
appoint one trustee for two years, one for four years and one 
for six years. (L. '09, p. 251, § 2; Rem. & Bal., § 4361.) 
—2 



CODE OF PUBLIC INSTRUCTION 



49. Officers — By-laws — Quorum 

Each board of normal school trustees shall elect one of its 
members chairman, and it shall elect a secretary, who may or 
may not be a member of the board. Each board shall have 
power to adopt by-laws for its government and for the gov- 
ernment of the school, which by-laws shall not be inconsistent 
with the provisions of this act, and to prescribe the duties of 
its officers, committees and employes. A majority of the board 
shall constitute a quorum for the transaction of all business. 
(L. '09, p. 252, § 3; Rem. & Bal., § 4362.) 

50. Trustees — Their powers and duties 

Each board of normal school trustees shall have power, and 
it shall be its duty : First. To elect a principal and such other 
teachers, assistants and employes as the necessities of the 
school may require for a period not exceeding four years. 
Second. For good and lawful reasons to discharge any or all 
such teachers and employes. Third. To adopt the necessary 
text books, and to provide books of reference for the use of 
students and teachers, and to provide for the proper care of 
the same. Fourth. To have charge of the erection of all 
buildings pertaining to the school, unless otherwise expressly 
provided, and to have the care and management of all build- 
ings and other property belonging to the school. Fifth. To 
audit all accounts against the school, and to certify all bills, 
which may be allowed, to the State Auditor, who shall draw 
warrants on the State Treasurer for such amounts as he shall 
find to have been properly or legally allowed. Sixth. To pur- 
chase all supplies for the use of the school, to provide a library 
suited to its wants, to provide for lectures on subjects per- 
taining to education and the art or science of teaching, and 
to do such other things not forbidden by law as may become 
necessary for the good of the school. (L. '09, p. 252, § 4; 
Rem. & Bal., §4363. 

The trustees of a state normal school have power to place insurance on 
buildings. — Lyle. 



STATE OF WASHINGTON 35 

51. Boarding houses 

Each board of normal school trustees shall have power to 
establish and maintain a boarding house or houses for the ac- 
commodation of students, to employ a matron and such other 
assistance as may become necessary to conduct the same, to 
make such rules for its government and management as they 
may deem necessary, and to charge such rates for board and 
entertainment as will make such boarding house or houses self- 
sustaining. (L. '09, p. 252, § 5 ; Rem. & Bal., § 4364. 

52. Meetings of board 

Each board of normal school trustees shall hold two regular 
or stated meetings each year, at such times as may be provided 
in its by-laws, and such special meetings shall be held as may 
be deemed necessary, whenever called by the chairman or by a 
majority of the board. (L. '09, p. 253, § 6; Rem. & Bal., 
§ 4365.) 

53. Duties of the principal 

The principal each state normal school shall have a general 
supervision of the school, shall see that all laws and rules of the 
board of trustees are observed by teachers and students, that 
the course or courses of study prescribed are faithfully pur- 
sued, shall assign students to their proper classes or grades, 
and unless otherwise specially provided, he shall designate the 
work to be performed by each teacher. He shall, at the close 
of each school year, make a detailed annual report to the board 
of trustees, containing a classified catalogue of all students 
that have been enrolled during the year, and such other in* 
formation as he may deem advisable or as the board may re- 
quire, and it shall be his duty to superintend the printing of 
the same. It shall also be his duty, when required by the board 
of trustees, to attend county institutes and other educational 
gatherings, and to lecture upon educational topics that are 
calculated to enhance the interests of popular education or of 
his school. The board of trustees shall audit and allow all his 
necessary expenses incurred in traveling. (L. '09, p. 253, § 7; 
Rem. & Bal., § 4366.) 



3g CODE OF PUBLIC INSTRUCTION 

54. Model school — Manual training 

A model school or training department shall be provided for 
each state normal school contemplated by this act, in which 
all students, before graduation, shall have actual practice in 
teaching for not less than eighteen weeks under the super- 
vision and observation of critic and training teachers. A man- 
ual training department for each school under its control shall 
also be provided, and a suitable teacher employed for each. 
(L. '09, p. 253, § 8; Rem. & Bal., § 4367.) 

See, infra, §§ 469, 470, 471, Code Pub. Ins., number, selection and attendance 
of pupils. 

A common school, within Const., art. IX, § 2, means one that is common to all 
children of proper age and capacity, free, and subject to, and under the control 
of the qualified voters of the district : School District v. Bryan, 51 Wash. 498. 

55. Diplomas and certificates 

Every diploma of graduation from a state normal school, 
or certificate issued therefrom, shall be signed by the president 
of the board of trustees and by the principal of the normal 
school at which the holder graduated, and by the State Super- 
intendent of Public Instruction ; and all diplomas and certifi- 
cates shall be stamped with the seal of the State Superintendent 
of Public Instruction. Every diploma and certificate shall 
specially state what course of study the holder has taken, and 
for what length of time said diploma or certificate is valid as 
a certificate to teach in the schools of the state. (L. '09, p. 
254, § 9; Rem. & Bal., § 4372.) 

56. Tuition free 

No charge shall be made against any student for tuition 
in any of the normal schools contemplated by this act. All 
students shall be required to furnish satisfactory evidence of 
good moral character, and any student may be suspended or 
expelled from any state normal school contemplated by this 
act who is found to be immoral, or who has refused to comply 
with its rules and regulations for its government. (L. '09, p. 
254, § 10; Rem. & Bal., § 4373.) 



STATE OF WASHINGTON 317 

57. Courses of study 

The State Board of Education shall prescribe courses of 
study for the normal schools of the state as follows: (1) An 
elementary course of two years; (2) a secondary course of two 
years; (3) advanced courses of two and three years; (4) a 
complete course of five years; (5) an advanced course of one 
year for graduates from colleges and universities. Upon the 
satisfactory completion of any one of these courses a student 
shall be awarded an appropriate certificate or diploma as fol- 
lows : Upon the completion of the elementary course, a cer- 
tificate to be known as an elementary normal school certifi- 
cate, which shall authorize the holder to teach in any elemen- 
tary school for a period of two years ; upon the completion of 
the secondary course a certificate to be known as a secondary 
normal school certificate, which shall authorize the holder to 
teach in the common schools of the state for a period of three 
years ; upon the completion of any advanced course a diploma 
to be known as a normal school diploma, which shall author- 
ize the holder to teach in the common schools of the state for 
a period of five years, and upon satisfactory evidence of having 
taught successfully for three years such person shall receive a 
life diploma countersigned by the Superintendent of Public 
Instruction. Upon the completion of the work of the junior 
year any student may be given a secondary normal school cer- 
tificate by vote of the faculty : Provided, That no one shall 
receive a diploma or secondary normal school certificate who 
has not attained the age of nineteen years, and attended the 
same state normal school one full school year of thirty-six 
weeks : Provided further, That no one shall receive a second- 
ary normal school certificate or a normal school diploma who has 
not given evidence of ability to teach and govern a school by 
successful practice in the training department for a period of 
not less than eighteen weeks. The State Board of Education 
shall also prescribe uniform terms of admission to, and gradu- 
ation from, the state normal schools, and shall define the quali- 
fications for admission to each of the several courses. (L. '09, 
p. 254, § 11 ; Rem. & Bal., § 4374.) 



38 CODE OF PUBLIC INSTRUCTION 

58. Text books 

The board of trustees may provide out of the funds appro- 
priated for the purpose, such text-books and supphes as are 
needful for successfully carrying into effect the courses of study 
prescribed. Each student upon admission to the school may 
be required to pay into the library fund of the school a sum 
not to exceed ten dollars, one-half of which shall be appHed 
to the support of the general library and reading room, and 
the remaining half shall be kept as indemnity for loss or 
damage of books belonging to the school in the hands of the 
student, and shall be returned to him after deducting such 
amount as may be justly charged for all loss or damage be- 
yond reasonable wear. (L. '09, p. 255, § 12; Rem. & Bal., 
§ 4375.) 

59. Requirements for admission 

No person shall be admitted to any state normal school as 
a student, who has not attained the age of sixteen years, if a 
male, and fifteen years, if a female, nor until by an entrance 
examination or otherwise he or she shall have established the 
fact that he or she is qualified to enter some one of the grades 
or courses provided for in the course of study. (L. '09, p. 255, 
§ 13; Rem. & Bal., § 4376.) 

60. Annual meeting of principals 

It shall be the duty of the principals of the several state 
normal schools contemplated by this act to meet once annu- 
ally to consult with each other relative to matters concerning 
their school work, and to discuss methods of teaching and 
plans of management. (L. '09, p. 256, § 14 ; Rem. & Bal., 
§ 4377.) 

61. Biennial report of trustees 

Each board of normal school trustees shall biennially on or 
before the first day of October next preceding each regular 
session of the state legislature of this state, make, through its 
secretary, a report to the Governor of the state, which report 
shall be included with and constitute a part of the biennal re- 



STATE OF WASHINGTON 39 

port of the Superintendent of Public Instruction. Said nor- 
mal school reports shall embrace a statement of the receipts 
and expenditures of the schools, and the purpose for which 
all moneys have been expended ; a classified catalogue of all 
students enrolled in each of said schools ; a directory of all 
graduates of each school properly classified ; the course or 
courses of study pursued in the several schools, and such other 
information as may be deemed advisable. (L. '09, p. 256, 
§ 15; Rem. & BaL, § 4378.) 

62. Trustees to have no pecuniary interest in contract 

No normal school trustee shall be awarded any contract for 
the erection, repair or the furnishing of any building belong- 
ing to any state normal school contemplated by this act, nor 
for the furnishing of supplies or materials for the same ; and 
no such trustee shall act as agent for any publishing house 
proposing to furnish books for such school. Any trustee who 
shall violate any of the above named provisions shall, upon 
conviction thereof, be fined in any sum not exceeding five hun- 
dred dollars, and his office as such trustee shall be declared 
vacant. (L. '09, p. 256, § 16; Rem. & BaL, § 4379.) 

CHAPTER 4— WASHINGTON STATE TRAINING SCHOOL 

63. Name of school 

The reform school at Chehalis, in Lewis county, shall be 
known as the Washington State Training School. (L. '09, p. 
256, § 1 ; Rem. & BaL, § 4380.) 

See, infra, § 517, Code Pub. Ins., establishment. 

See, infra, § 503, Code Pub. Ins., establishment of girls' training school. 

Const., art. IX, § 2, limits the public school system to "common schools, and 
such high schools, normal schools and technical schools as may be hereafter 
established." 

The legislature has not regarded training schools as one of its "educational 
institutions." 

This chapter does not harmonize with other general laws on this subject. 

64. Purposes of school 

The said school shall be for the keeping and reformatory 
training of all youths between the ages of eight and eighteen 
years who are residents of the State of Washington and who 



40 CODE OF PUBLIC INSTRUCTION 

are comimtted to said institution by a court of competent juris- 
diction. (L. '09, p. 256, § 2; Rem. & Bal., § 4381.) 

See, infra, § 518, Code Pub. Ins., purpose. 

65. Causes for commitment 

When a boy of sane mind between the ages of eight and 
sixteen years or a girl of sane mind between the ages of eight 
and eighteen (18) years shall, in any court of record in this 
state, be found guilty of any crime except murder, or man- 
slaughter, or highway robbery, or who for want of proper 
paternal care is growing up in mendicancy or vagrancy, or 
is incorrigible, or has been expelled from a public school, and 
complaint thereof is made and properly sustained, the court 
may if in its opinion the accused is a proper subject therefor, 
instead of entering judgment cause an order to be entered 
that said boy or girl be sent to the State Training School, in 
pursuance of the provisions of this act, and a copy of said 
order under seal of said court shall be sufficient warrant for 
carrying said boy or girl to the said school and for his or her 
commitment to the custody of the superintendent thereof. (L. 
'09, p. 257, § 3; Rem. & Bal., § 4382.) 

This section not in harmony with §§ 1980 and 2276, Rem. & Bal. Code. 
Age of discharge fixed at twenty-one years for both sexes. (L. '13, p. 345, 
§3.) 

66. To be managed by Board of Control 

The State Board of Control shall have full charge of the 
management of the said State Training School. It shall have 
power to adopt rules and regulations for its government, and 
shall prescribe, in a manner consistent with the provisions of 
the laws of this state, the duties of the persons connected with 
the management of the institution. (L. '09, p. 257, § 4 ; 
Rem. & Bal., § 4383.) 

67. The superintendent 

The State Board of Control shall employ a competent per- 
son who shall be known as the Superintendent of the Wash- 
ington State Training School. He shall be the executive head 
of the said institution, and he shall hold his office during the 



STATE OF WASHINGTON ^i 

pleasure of the State Board of Control. (L. '09, p. 257, § 5; 
Rem. & Bal., § 4384.) 

This section conflicts with § 8936, Rem. & Bal. Code, providing for a four year 
term of office. 

See, supra, § 5, Code Pubs Ins., annual report to State Superintendent. 

68. Superintendent may appoint assistants 

The superintendent of the said State Training School shall 
have power to appoint all assistants and employes required 
for the management of the institution placed in his charge, 
the number of said assistants and employes to be determined 
and fixed by the State Board of Control. The superintendent 
may at his pleasure discharge any person therein employed. 
(L. '09, p. 257, § 6; Rem. & Bal., § 4385.) 

69. Brandies to be taugfit 

All branches taught in the first eight grades of the public 
schools shall be taught in the State Training School. The 
inmates shall be taught and trained in morality, temperance, 
frugality, and they shall also be instructed in the different 
trades and callings of the two sexes, as far as possible, in the 
scope of the institution. (L. '09, p. 257, § 7 ; Rem. & Bal., 
§ 4386.) 

See, infra, § 525, Code Pub. Ins., curriculum. 

CHAPTER 5— STATE SCHOOL FOR BLIND AND STATE SCHOOL 

FOR DEAF 

70. To be managed by Board of Control 

The State School for the Deaf and the Blind at Vancouver 
shall be under the direction of the State Board of Control, and 
the funds for its maintenance shall be appropriated by the 
legislature of the State of Washington. (L. '09, p. 258, § 1 ; 
Rem. & Bal., § 4387.) 

See, infra, § 79%, Code Pub. Ins., establishment of State School for Blind 
and State School for Deaf. 

See, infra, § 191, subdiv. 4, Code Pub. Ins.. schools for defective youth in 
districts of first class. 

71. The annual term 

The regular term of said school shall' begin on the second 
Wednesday of September, and close on the second Wednesday 



42 CODE OF PUBLIC INSTRUCTION 

of the following June. (L. '09, p. 258, § 2; Rem. & Bal., 
§ 4388.) 

72. Tuition to be free 

The institution shall be free to residents of the State of 
Washington who are between the ages of six and twenty-one 
years, and who are deaf and blind, or either deaf or blind: 
Provided, That they are free from loathsome or contagious 
diseases. (L. '09, p. 258, § 3; Rem. & Bal., § 4389.) 

Pupils do not need to reside in the district where a school for defective 
youth is maintained. — Tanner. 

73. May admit persons from other states 

The State Board of Control may admit to this school deaf 
or blind children from other states, but the parents or guar- 
dians of such children will be required to pay annually or 
quarterly in advance a sufficient amount to cover the cost of 
maintaining and educating such children. (L. '09, p. 258, 
§ 4; Rem. & Bal., § 4390.) 

74. Qualifications of superintendent 

The superintendent shall be appointed by the State Board 
of Control, for a term of four years, subject to removal at the 
discretion of the Board of Control. Said superintendent must 
be not less than 30 nor more than 70 years of age and must be 
practically acquainted with the school management and class 
instruction of the deaf and the bhnd, having had at least ten 
years actual experience in teaching in schools for the deaf and 
the blind. The superintendent shall have power to appoint 
all subordinates. The State Board of Control shall have power 
to fix the number of employes and the salary paid each and 
may discharge any employe at its discretion. (L. '09, p. 258, 
§ 5; Rem. & BaL, § 4391.) 

75. Scliool clerks must report 

It shall be the duty of the clerks of all school districts in the 
State of Washington at the time for making the annual re- 
ports to report to the school superintendent of their respective 
counties the names of all deaf, mute, or bhnd youth residing 



STATE OF WASHINGTON 43 

within their respective districts who are between the age of six 
and twenty-one years. (L. '09, p. 258, § 6; Rem. & Bal., 
§ 4392.) 

76. Report of county superintendent 

It shall be the duty of each county school superintendent to 
make a full and specific report of such deaf, mute or blind 
youth to the county commissioners of his county at the regular 
meeting of said commissioners held in August in each year. 
He shall also, at the same time, transmit a duplicate copy of 
said report to the State Board of Control and the Superin- 
tendent of the School for the Deaf and the Blind. (L. '09, p. 
259, § 7; Rem. & Bal., § 4393.) 

77. County superintendents to enforce attendance 

It shall be the duty of the parents or the guardians of all 
such deaf or blind youth to send them each year to the said 
State School for the Deaf and the Blind. The county super- 
intendent shall take all action necessary to enforce this sec- 
tion or [of] this act : Provided, That if satisfactory evidence 
shall be laid before the county superintendent that any deaf or 
blind youth is being properly educated at home or in some suit- 
able institution other than the State School for the Deaf and 
the Blind, the county superintendent shall take no other action 
in such case further than to make a record of such fact, and 
take such steps as may be necessary to satisfy himself that 
such defective youth shall continue to receive a proper educa- 
tion. (L. '09, p. 259, § 8; Rem. & Bal., § 4394.) 

78. In certain cases county to bear expense of transportation 

If it appears to the satisfaction of the county commissioners 
that the parents of any such deaf or blind youth within their 
county are unable to bear the expense of sending and returning 
them to said state school, it shall then be the duty of the com- 
missioners to send and return them to and from said school or 
to maintain them at said school during vacation at the ex- 
pense of the county. (L. '09, p. 259, § 9 ; Rem. & Bal., § 4395.) 



44 CODE OP PUBLIC INSTRUCTION 

79. Penalty for neglect of duty 

Any parent, guardian, school superintendent or county com- 
missioner who shall, without a proper cause, fail to carry into 
effect the provisions of this act, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof, upon the complaint 
of any officer or citizen of the county or state, before any jus- 
tice of the peace or superior court, shall be fined in any sum 
not less than fifty nor more than two hundred dollars, in the 
discretion of the court. (L. '09, p. 259, § 10; Rem. & Bal., 
§ 43951/2.) 
79^. State School for Blind and State School for Deaf 

Upon the taking effect of this act, the State School for the 
Deaf and Blind at Vancouver shall be divided into two institu- 
tions, one for the blind to be known as the State School for the 
Blind, and one for the deaf to be known as the State School for 
the Deaf, each of said institutions to be located at Vancouver. 
The State Board of Control shall appoint a superintendent for 
each institution. All provisions of law relating to the State 
School for the Deaf and Blind shall, so far as the same are ap- 
plicable, govern the management of the State School for the 
Deaf and the State School for the Blind hereby created. (L. 
'13, p. 6, § 1.) 

CHAPTER 6— STATE INSTITUTION FOR FEEBLE MINDED 

80. To be managed by Board of Control 

The State Institution for Feeble Minded now located at 
Medical Lake shall be under the direction of the State Board 
of Control, and funds for its maintenance shall be appropriated 
by the legislature of the State of Washington. (L. '09, p. 260, 
§ 1; Rem. & Bal., § 4397.) 

The following sections superseded the laws of 1909. Change of name was 
vetoed. 

Under the control of the State Board of Control. 

See, infra, §§ 477, 478, Code Pub. Ins., establishment, location. 

80!/2 Who may be admitted 

The State School and Colony shall be free to residents of the 

State of Washington under the age of twenty-one years who 

are feeble minded, idiotic or epileptic, or who are physically de- 



STATE OF WASHINGTON 45 

fective to such extent as to prevent them from being educated 
in the common schools ; Provided, That they are free from 
contagious diseases. Admission may be apphed for as follows : 

First. By the father or mother, if father and mother are 
living together. 

Second. If father and mother are not living together, then 
by the one having the custody of the child. 

Third. By the guardian duly appointed. 

Fourth. By the superintendent or other officer having 
charge of any institution or asylum where children are cared 
for. 

Fifth. By county superintendents of schools and boards of 
county commissioners. 

Sixth. By juvenile courts under an order of commitment. 

Under items three, four, five and six consent of parents is not 
required. (L. '13, p. 598, § 2.) 

Name remains the State Institution for Feeble Minded. 

81 May admit children from otiier states 

The State Board of Control may admit to this institution 
feeble-minded children from other states, but the parents or 
guardians of such children must be required to pay annually 
or quarterly in advance a sufficient amount to cover the cost of 
maintaining and educating such children. (L. '09, p. 260, § 3 ; 
Rem. & Bal., § 4400.) 

The force of this section is doubtful, as it was not included in the 1913 law. 
8II/2 Form of application 

The form of application for admission into said State School 
and Colony and the necessary checks against improper admission 
shall be such as the board of control may prescribe and each 
application shall be accompanied by answers under oath to such 
interrogatories as the said board shall prescribe, and county 
superintendents of schools are hereby authorized to administer 
oaths in such cases. (L. '13, p. 598, § 3.) 
82. County superintendents to approve application 

Comity superintendents of schools shall cause to be filled out 
the prescribed blank applications for admission for such children 



46 



CODE OF PUBLIC INSTRUCTION 



In their respective districts, who by reason of mental or physical 
defects are incapable of receiving instruction in the common 
schools of this state, or whose habits are such as to render 
them unfit for companionship with normal children, except such 
as in the judgment of the county superintendent are receiving 
proper care and education and are being safely kept at home. 
All applications for admission of defectives under twenty-one 
years of age except those committed by the juvenile court, 
shall be made through the county superintendent of schools, 
who shall keep a record of such and certify to the board of 
county commissioners all applications that are accepted by the 
superintendent of the State School and Colony. (L. '13, p. 
598, § 4.) 
82!/2. School officers to report defectives 

It shall be the duty of the clerks of all school districts in the 
State of Washington, at the time for making the annual re- 
ports, to report to the school superintendent of their respective 
counties, the names and addresses of all feeble minded youths 
residing within their respective districts, who are under the age 
of twenty-one years. And each county school superintendent 
shall make a full report of such defective youth to the county 
commissioners of their respective counties at their regular 
August meeting of each year, transmitting a copy of said report 
to the State Board of Control and the superintendent of the 
State School and Colony. (L. '13, p. 599, § 5.) 

83. Parents to send defective children 

Upon notification by the superintendent of the State School 
and Colony, of acceptance of application for admission, it shall 
be the duty of the parents or the guardian of such defective 
youth to send them to said institution and the county superin- 
tendent of schools shall take all action necessary to enforce 
this section of this act. (L. '13, p. 599, § 6.) 

83J/2 County to pay expense, when 

If it appears to the satisfaction of the county commissioners 
that the parents of any such defective youth who have been ac- 



STATE OF WASHINGTON 



47 



cepted for admission are unable to pay the expense of sending 
them to the said institution, it shall be the duty of the commis- 
sioners to send them at the expense of the county. (L. '13, p. 
599, § 7.) 
84. Patients may be held after majority 

Inmates arriving at the age of twenty-one years while in the 
institution, and who, in the judgment of the superintendent, are 
unfit to be discharged, shall be reported to the superior court 
of competent jurisdiction, which court, after due examination 
and finding the case a proper subject for institutional care, may 
issue an order of commitment to said State School and Colony. 
(L. '13, p. 599, § 8.) 
845/2 Feeble minded adults may be admitted 

Adults under fifty years of age who may be determined to be 
feeble minded, and who are of such inoffensive habits as to make 
them proper subjects for classification, education and discipline 
in an institution for feeble minded, may be admitted free upon 
pursuing the same course of legal commitment as governs ad- 
mission to the hospitals for insane ; but no insane persons, or 
those who are proper subjects for county poor farms, hospitals 
or asylums, or cases of senile dementia, shall be admitted to the 
State School and Colony.) (L. '13, p. 600, § 9.) 
85 Period of detention 

The superintendent of the State School and Colony shall de- 
tain inmates admitted to the institution until satisfied that they 
are in normal condition and safe and competent to be at large, 
or that they can receive proper care and education at the home 
of relatives, or in some other home or institutions. In such 
cases, or for other good and sufficient reasons, he may grant dis- 
charges ; or, in his discretion, permit inmates to visit their homes 
for stated periods, upon request of parents or guardians ap- 
proved by the county superintendent of schools. (L. '13, p. 
600, § 10.) 

8554 Ciiild may be entered under tuition fee 

Any parent or guardian who may wish to enter a child in said 
institution and pay all expenses of care and maintenance, may 



48 



CODE OF PUBLIC INSTRUCTION 



do SO under terms, rules and regulations prescribed by the 
Board of Control. (L. '13, p. 600, § 11.) 

86 Cost of clothing to be charged to estate 

When not otherwise provided, the superintendent shall pro- 
vide the inmates with suitable clothing, the actual cost of 
which shall be a charge against the parents, guardian or es- 
tate of such inmates ; and in the event that such parent, guar- 
dian or estate is unable or is insufficient to provide or pay for 
such clothing, the same shall be provided by the State. The 
board of county commissioners, county superintendent of schools, 
or other authorized officers, in recommending an applicant for 
admission to said institution, shall state whether or not such 
person has an estate of sufficient value, or a parent of sufficient 
financial ability to defray the expense in whole or in part for 
such clothing. The expense of personal clothing provided by 
the state shall be a charge against the parents or estate of in- 
mates if such parents or estate are financially able to pay the 
same, after proper investigation, the state may proceed against 
the party or parties or estate and collect the same through the 
courts as other accounts are collected. (L. '13, p. 600, § 12.) 

86^ Fireproof buildings — Sexes separated 

The future construction of the buildings of the State School 
and Colony shall be fire-proof as far as possible. They shall 
be in two groups for each sex ; one for the educational and in- 
dustrial department and one for the custodial or colony depart- 
ment, with such subdivisions as will best classify and separate 
the many diverse forms of the infirmity to be cared for. (L. 
'13, p. 601, § 13.) 

87 School training — Agricultural training 

A school department shall be maintained from September 1st 
to June 1st each year, for the benefit of those who can be edu- 
cated along lines best suited to individual capabilities. The pro- 
cesses of agricultural training shall receive consideration and 
the employment of the inmates in the care and raising of stock, 
in dairying and in the cultivation of fruits, vegetables, etc., 



STATE OF WASHINGTON 49 

shall be made tributary as far as possible to the maintenance of 
the institution. Manual training shall also be carried on along 
such lines as will be of greatest benefit to both the inmates and 
the institution. (L. '13, p. 601, § 14.) 

87J/2- Penalty for violation of act 

Any parent, guardian or proper officer who shall, without 
proper cause, fail to carry into effect the provisions of this act, 
shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, upon the complaint of any officer or citizen of the county 
or state, before any justice of the peace or superior court, shall 
be fined in any sum not less than fifty nor more than two hun- 
dred dollars ($200), in the discretion of the court. (L. '13, p. 
601, § 15.) 

TITLE III— GENERAL COMMON SCHOOL SYSTEM 
CHAPTER 1— GENERAL PROVISIONS 

88. Common schools defined 

Common schools shall include schools that are maintained at 
public expense in each school district and under the control 
of boards of directors. Every common school, not otherwise 
provided for by law, shall be open to the admission of all chil- 
dren between the ages of six and twenty-one years residing in 
that school district. (L. '09, p. 261, § 1 ; Rem. & Bal., § 4406.) 

Common schools do not include the state university, agricultural college, 
normal schools, and school for defective youth : AlacKenzie v. State, 32 Wash. 
666. 

89. Subjects to be taught 

All common schools shall be taught in the English language, 
and instruction shall be given in the following branches, viz. : 
Reading, penmanship, orthography, written arithmetic, mental 
arithmetic, geography, English grammar, physiology and hy- 
giene with special reference to the effects of alcoholic stimu- 
lants and narcotics on the human system, history of the United 
States, and such other studies as may be prescribed by the 
State Board of Education. Attention must be given during 
the entire course to the cultivation of manners, and the funda- 
mental principles of honesty, honor, industry and economy. 



50 CODE OF PUBLIC INSTRUCTION 

to the laws of health, physical exercise, ventilation and tem- 
perature of the school room, and not less than ten minutes each 
week must be devoted to the systematic teaching of kindness to 
not only our domestic animals, but to all living creatures. (L, 
'09, p. 262, § 2; Rem. & Bal., § 4407.) 

90. School day — Number of hours — School month 

A school day shall consist of six hours for all pupils above 
the primary grades, exclusive of an intermission at noon ; but 
any board of directors may fix as a school day for their district 
a less number of hours than six : Provided, That for pupils 
belonging to the primary grades the school day shall not be 
less than four hours, exclusive of an intermission at noon^ and 
for pupils belonging to grades above the primary grade the 
minimum school day shall not be less than five hours, exclusive 
of an intermission at noon. In the absence of any by-law or 
order of the board of directors defining the school day for their 
district, any teacher may dismiss all pupils belonging to the 
primary grades after an attendance of four hours, exclusive 
of said intermission. The school month shall consist of twenty 
days, or four weeks of five days each, and the term "school 
year," for all matters pertaining to experience in teaching and 
for all matters pertaining to the granting of or renewing of 
certificates, shall consist of not fewer than nine school months. 
(L. '09, p. 262, § 3; Rem. & BaL, § 4408.) 

A school day may be in one session provided the state board of education has 
made no contrary rule. Such session cannot be of less time than the minimum 
school day. — Kelleean. 

91. School year 

The school year shall begin on the first day of July and end 
with the last day of June. (L. '09, p. 262, § 4; Rem. & BaL, 
§ 4409.) 

School year of nine months, see preceding section. 

92. Contagious diseases 

No teacher, pupil or janitor shall be permitted to attend 
school from any house in which smallpox, varioloid, scarlet 
fever, diphtheria or any other contagious or infectious dis- 



STATE OF WASHING-TON 



51 



eases are prevalent. No teacher, pupil or janitor shall be per- 
mitted to return to school from any house where the above 
mentioned diseases, or any form of them, have prevailed, until 
three weeks shall have elapsed from the beginning of conva- 
lescence of the patient, or upon the certificate of a registered 
physician in good standing that there is no danger of con- 
tagion. In case of whooping cough, chicken pox and measles, 
certified by a physician to be not of a malignant character, 
this rule shall not apply to teachers, pupils or janitors who 
have had the diseases and have entirely recovered from them : 
Provided, That no pupil, teacher or janitor can attend school 
or be employed who is afflicted with pulmonary tuberculosis. 
L. '09, p. 262, § 5; Rem. & Bal., § 4410.) 

93. Pupils shall comply with regulations 

All pupils who may attend the common schools shall comply 
with the regulations established in pursuance of the law for 
the government of the schools, shall pursue the required course 
of studies, and shall submit to the authority of the teachers of 
such schools. Continued and wilful disobedience or open defi- 
ance of authority of the teacher shall constitute good cause 
for expulsion from school. (L. '09, p. 263, § 6 ; Rem. & Bal., 
§ 4411.) 

The school board directors of a high school have the power under Rem. & 
Bal. Code, §§ 4411 and 4509, to enforce rules forbidding pupils in the school 
from joining secret fraternal societies, upon pain of loss of all privileges of the 
school except that of attending classes, although the meetings of the societies 
are held out of school hours and under parental protection, where it is shown 
that such societies have a tendency to destroy good order, discipline and scholar- 
ship ; and such regulation is not unreasonable : Wayland v. Hughes, 43 Wash. 441. 

94. Minimum length of term 

All school districts in this state shall maintain school during 
at least six months each year. (L. '09, p. 263, § 7; Rem. & 
Bal., § 4412.) 

95. Women may hold offices 

Whenever the word "he" or "his" occurs in this act, referring 
to either the members of the city board of directors, county 
superintendents of common schools, city superintendents, di- 
rectors, clerks, State Board of Education or other school ofB- 



52 CODE OF PUBLIC INSTRUCTION 

cers, it shall be understood to mean also "she" or "her," and 
any woman possessmg all of the qualifications of an elector ex- 
cept as to sex, and possessing all of the other qualifications re- 
quired by law for such offices, shall be eligible to hold such offices. 
(L. '09, p. 263, § 8; Rem. & BaL, § 4413.) 

96. To be free from sectarian influence 

All schools maintained or supported wholly or in part by 
the public funds shall be forever free from sectarian control 
or influence. (L. '09, p. 263, § 9 ; Rem. & BaL, § 4414.) 

See Const., art. IX, § 4. 

CHAPTER 2— DIVISION OF TERRITORY 
Aeticle I — Kinds of Districts 

97. County school district defined 

For purposes of supervision and administration, each county 
in the state shall constitute one county school district. (L. '09, 
p. 264, § 1; Rem. & BaL, § 4415.) 

98. Sciiool districts of the first class defined 

Any school district in this state containing a city of the first 
class or of the second class, or containing a city having a pop- 
ulation requisite for a city of the first class or of the second 
class, as shown by any regular or special census, shall be a 
school district of the first class. (L. '09, p. 264, § 2 ; Rem. & 
BaL, § 4416.) 

99. School districts of the second class defined 

Any school district in this state containing a city of the 
third class or of the fourth class, or containing a city having 
the population requisite for a city of the third or of the fourth 
class, as shown by any regular or special census, shall be a 
school district of the second class. (L. '09, p. 264, § 3 ; Rem. 
& BaL, § 4417. 

100. Districts of the third class defined 

All other school districts shall be school districts of the third 
class. (L. '09, p. 264, § 4; Rem. & BaL, § 4418.) 



STATE OF WASHINGTON 53 

101. Consolidated districts defined 

Any school district which has been formed by the consoh- 
dation of two or more school districts shall be designated as a 
consolidated school district. (L. '09, p. 264, § 5; Rem. & BaL, 
§ 4419.) 

102. Joint districts defined 

Any school district composed of territory in two or more 
counties shall be designated as a joint school district. (L. '09, 
p. 264, § 6; Rem. & BaL, § 4420.) 

103. Union higfi scfiool districts defined 

Any school district established for the purpose of maintain- 
ing a high school by the union of two or more contiguous dis- 
tricts in the same county shall be designated as a union high 
school district. (L. '09, p. 264, § 7; Rem. & BaL, § 4421.) 

See, infra, § 461, Code Pub. Ins. (L. '13, p. 396, § 2.) 

Article II — Cobpoeate Existence and Powers 

104. How designated 

The term "School District,'" as used in this act, is declared 
to mean the territory under the jurisdiction of a single board 
designated as a Board of School Directors, and shall be or- 
ganized in form and manner as hereinafter provided, and shall 

be known as (here insert name of city in case of 

districts of first or second class) School District No. , 

County, State of Washington: Provided, That all 



school districts now existing as shown by the records of the 
county superintendent are hereby recognized as legally organ- 
ized districts, subject to the classification of article 1 of this 
chapter. (L. '09, p. 264, § 1; Rem. & BaL, § 4422.) 

School districts are, within contemplation of the legislative and constitu- 
tional enactments of this state, municipal corporations : Maxon v. Scliool District, 
5 Wash. 142. 

105. Siiai! constitute body corporate 

A school district shall constitute a body corporate and shall 
possess all the usual powers of a corporation for public pur- 
poses, and in that name and style may sue and be sued, pur- 
chase, hold and sell such personal and real estate, and enter 
into such obligations as are authorized by law ; and the title 



54 CODE OP PUBLIC INSTRUCTION 

to all school buildings or other property, real or personal, 
owned by any such school district, shall, upon the organization 
of a district under the provisions of this act, vest immediately 
in the new district, and the board of directors of such school 
district shall have exclusive control of the same for all pur- 
poses herein contemplated. (L. '09, p. 265, § 2 ; Rem. & Bal., 
§ 4423.) 

106. Each city must be within one school district 

Each incorporated city in the state shall be comprised in 
one school district, and shall be under the control of one board 
of directors : Provided, That nothing in this section shall be 
so construed as to prevent the extension of such city district 
a reasonable distance beyond the limits of such city : And pro- 
vided further, That nothing in this section shall be so construed 
as to change or disturb the boundaries of any school district 
organized prior to the incorporation of any city, except in 
cases of incorporation of cities lying partly in two or more 
school districts organized prior to the incorporation of such 
city, or the extension cf the boundaries of cities beyond the 
limits of the school districts in which they are situated, or in 
cases where two or more cities unite, as provided by law : And 
provided further, That the fact of the issuance of bonds by 
school districts, heretofore or hereafter, shall not prevent the 
formation of new school districts, whether or not such bonds 
have been redeemed, canceled, or paid in whole or in part and 
shall not prevent the transfer or uniting with another school 
district of a portion or the whole of a district where bonds 
have been or may hereafter be issued. (L. '09, p. 265, § 3 ; 
Rem. & Bal., § 4424.) 

107. IVIay purchase school lands for site 

That any school district may purchase, under the provisions 
of law governing the sale thereof, a school house site or sites of 
not less than three acres nor more than ten acres each, of any 
school lands of the State of Washington. (L. '09, p. 265, § 4; 
Rem. & Bal., § 4425.) 

See, infra, § 609, Code Pub. Ins., classification and preference right. 



STATE OF WASHINGTON 55 



CHAPTER 3— FORMATION, ALTERATION AND CONSOLIDATION 

OF DISTRICTS 

Article I — Fokmation of New Districts 

108. Petition to be signed by five heads of families 

For the purpose of organizing a new district, a petition in 
writing shall be made to the county superintendent, signed by 
at least five heads of families residing within the boundaries of 
the proposed new district, which petition shall describe the 
boundaries of the proposed new district and give the names of 
all the children of school age residing within the boundaries 
of such proposed new district, at the date of presenting said 
petition. (L. '09, p. ^66, § 1; Rem. & Bal., § 4427.) 

When a petition is presented to a county superintendent praying for the or- 
ganization of a new school district, he may, after he has heard all the evidence 
presented by the parties interested, exercise his .iudgment, within reasonable 
limits, in the organization of such new district and the fixing of its boundaries, 
and in so doing he may correct any mistakes that may have been made in the 
description given in the petition, and In a proper case modify the boundaries 
described therein. — Jones. 

Any person who is actually the head of a family ; that is, who is under 
legal obligation to provide for the support and education of persons dependent 
upon him, and who is in fact providing for their education and support, is the 
head of a family for the purpose of signing petitions relating to school mat- 
ters, whether he is a legal voter or not. Any person who is not the head of a 
family within the definition given above is not qualified to sign such petition, 
though he be a legal voter. — Jones. 

The school superintendent has power, upon application, to form a new school 
district and fix its boundaries, and in so doing is not restricted to the territory 
specified in the petition : Wilsey v. Cornioall, 40 Wash. 250. 

Where upon appeal to the county commissioners, the decision of the school 
superintendent that a district can support six months school, is afiirmed, the 
decision is final : Id. 

109. Notices and hearing 

The county superintendent shall give notice to the parties 
interested by causing notices to be posted at least twenty (20) 
days prior to the time appointed by him for considering said 
petition, in at least three of the most public places in the pro- 
posed new district, and one on the school house door of each dis- 
trict affected by the proposed change, and in one of the most 
public places of the territory affected by the proposed change. 
On the da}^ fixed in the notice he shall proceed to hear said peti- 
tion, and if he deem it advisable to grant the petition he shall 
make an order establishing said district and describing the 



5g CODE OP PUBLIC INSTRUCTION 

boundaries thereof and shall certify his action to the board of 
county commissioners at their next regular meeting. (L. '09, p. 
266, § 2; Rem. & Bal., § 4428.) 

Where a person aggrieved at the action of a county school superintendent in 
establishing a new school district fails to appeal to the board of county commis- 
sioners as provided in former laws, he cannot invoke the remedy of certiorari 
to review the proceedings whereby such new school district was established : 
(h-egory v. Dixon, 7 Wash. 27. 

110. School must be taught at least one month 

No new district formed by the subdivision of an old one shall 
be entitled to any share of public money belonging to the old 
district until a school has actually been taught one month in 
the new district and unless within eight months from the order 
of the county superintendent granting such new district a school 
is opened, the action making a new district shall be void, and 
all elections or appointments of directors or clerks made in 
consequence of such action, and all rights and office of parties so 
elected or appointed shall cease and determine, and all taxes 
which may have been levied in such old district shall be valid 
and binding upon the real and personal property of such new 
district, and shall be collected and paid into the school fund of 
the old district. (L. '09, p. ^QQ, § 3; Rem. & Bal., § 4429.) 

111. New dstrict entitled to certain funds 

When a new district is formed from one or more old dis- 
tricts it shall be entitled to a just share of the school money to 
the credit of the one or more old districts, from which the new 
district is formed, at the time the petition was granted to 
establish the new district. And the county superintendent (or 
in case of an appeal, the board of county commissioners), shall 
divide such money and also such money as may, for the current 
year, afterward be apportioned to the said one or more old dis- 
tricts, according to the number of school children resident in 
the new district, as may be ascertained by a census taken for 
that purpose : Provided, That the new district shall be entitled 
to all school district tax levied within the boundaries of the 
new district, for the current year in which the new district is 
formed. And if such tax, or any part of it, has already been 



STATE OF WASHINGTON 5>y 

collected and placed to the credit of the aforementioned one or 
more old districts, it shall be the duty of the county treasurer, 
upon the order of the county superintendent, to transfer the 
money received from such special tax to the credit of the new 
district. (L. '09, p. 267, § 4; Rem. & Bal., § 4430.) 

If territory is detached from a school district having a bonded indebtedness, 
the detached territory is not liable for the payment of any part of the bonded 
indebtedness of the district from which it was detached. — Stratton. 

In case of the formation of a new school district by the division of an old 
district or districts, the basis of the division of the funds of the old district or 
districts should be the ratio of the number of school children in each district 
at the time of the formation of the new district. — Stratton. 

A county superintendent has not power and the right to divide in the event of 
the formation of a new school district, any sinking fund or special fund accumu- 
lated in the treasury of the old (divided) district for the payment of bonds that 
are not yet due. — Ross. 

112. Value of property — County superintendent may hear testimony 

At the hearing for the formation of a new school district, the 
county superintendent shall, in case the petition is granted, hear 
testimony offered by any person or school district interested 
therein, for the purpose of finding and determining the amount 
and value of all school property of whatever nature involved 
in the proposed action, the nature and amount and value of all 
bonded, warrant and other indebtedness of the original school 
district or districts out of whose territory such new district is 
formed, including all legal uncompleted obligations then exist- 
ing, and in so doing shall consider the amount of such out- 
standing indebtedness incurred for current expenses, the amount 
incurred for permanent improvements, and the location of such 
improvements, and shall make an equitable adjustment of all 
property, debts and liabilities among the districts involved. 

He shall make a. full record of all such findings and terms 
of adjustment and the decision of said county superintendent 
shall be final unless appealed from in the manner provided by 
law, in which case the decision of the board of county commis- 
sioners shall be final. (L. '09, p. 267, § 5 ; Rem. & Bal., § 4431.) 

The superintendent is required to ascertain the value and amount of school 
property and make an adjustment. — Lylb. 

Where, upon appeal to the county commissioners, the decisions of the school 
superintendent that a district can support six months' school is affirmed, the 
decision is final : Wilsey v. Cornwall, 40 Wash. 250. 



58 



CODE OF PUBLIC INSTRUCTION 



113. Commissioners to mal<e appropriate levies 

When a new school district is formed in the manner provided 
by this acticle it shall be the duty of the county commissioners 
to provide by appropriate levies on the property of such new 
district, in the manner provided by law, for the payment of 
such indebtedness as may be imposed upon it by the decision of 
the county superintendent, or in case of appeal by the board 
of county commissioners. (L. '09, p. 268, § 6; Rem. & Bal., 
§ 4432.) ■ 

Article II — Alteeations of Boundaeies of School Disteicts 

114. What must be included in petition 

For the purpose of transferring territory from one district 
to another or enlarging the boundaries of any school district, 
a petition in writing shall be presented to the county superin- 
tendent, signed by a majority of heads of families residing in 
the territory which it is proposed to transfer or include, or in 
case there be no family resident in such territory then by the 
board of directors in one of the districts affected by such 
proposed change, which petition shall describe the change which 
it is proposed to have made. It shall also state the reason for 
desiring said change, and the number of children of school age, 
if any, residing in the territory to be transferred. For such 
proposed transfer of territory the notices shall be posted and 
the hearing and appeal shall be the same as for the formation of 
a new district. (L. '09, p. 268, § 1 ; Rem. & Bal., § 4433.) 

Districts cannot be formed out of an, existing district in sucli a manner as to 
leave portions of tlie old district non-contiguous. — Lyle. 

115. Value of property — County superintendent may hear testimony 
At the hearing for the alteration of any school district the 

county superintendent shall, in case the petition is granted, hear 
testimony offered by any person or school district, for the pur- 
pose of finding and determining the value and amount of any 
school property of whatever nature involved in the proposed 
action, the nature and amount and value of all bonded, warrant 
and other indebtedness of each school district affected by the 
action, including all legal uncompleted obligations then exist- 



STATE OP WASHINGTON 59 

ing, and in so doing shall consider the amount of such out- 
standing indebtedness incurred for current expenses, the amount 
incurred for permanent improvements and the location of such 
improvements, and shall make an equitable adjustment of all 
property, debts and liabilities among the districts involved. 

He shall make a full report of all such findings and terms of 
adjustment and the decision of said county superintendent shall 
be final unless appealed from in the manner provided by law, in 
which case the decision of the board of county commissioners 
shall be finah (L. '09, p. 268, § 2; Rem. & Bal., § 4434.) 

116. Commissioners must make certain levies 

In case of the alteration of any school district, in the manner 
provided by this article, it shall be the duty of the board of 
county commissioners to provide by appropriate levies on the 
property of such district, in the manner provided by law, for 
the payment of such indebtedness as may be imposed upon it 
by the decision of the county superintendent, or in case of ap- 
peal, by the board of county commissioners. (L. '09, p. 269, 
§3;^ Rem. & Bal., § 4435.) 

Akticle III — Alteeatiok of Boukdaeies by Extension of City Limits 

117. When annexation is completed 

Whenever an incorporated city shall extend its limits in the 
manner provided by law, so as to include all or a part of one or 
more school districts, the territory so included shall not be 
deemed annexed for school purposes until the 30th day of June 
next succeeding the date of annexation for municipal purposes, 
at which time the county superintendent shall declare the terri- 
tory added to the limits of said city to be a part of the school 
district embracing said city : Provided, That when a school 
house is located within the territory annexed for municipal pur- 
poses, and yet remains the most accessible school for a part of 
the school district left outside of the territory so annexed to 
such incorporated city, the county superintendent may annex 
all or any part of such school district to the school district em- 
bracing such city. (L. '09, p. 269, § 1 ; Rem. & Bal., § 4436.) 



go CODE OF PUBLIC INSTRUCTION 

118. County superintendents to adjust property 

At the time of declaring any territory to be added to the 
limits of a school district embracing an incorporated city, as 
provided in section 1 of this article, the county superintendent 
shall make an equitable adjustment of all property, including 
current funds and taxes, and of all debts and liabilities be- 
tween the districts involved, and shall certify his action to the 
board of county commissioners. Before making such adjust- 
ment, he shall give not less than ten days' written notice to the 
directors of each district affected by such change, fixing the 
time and place of the hearing before him. (L. '09, p. 269, § 2 ; 
Rem. & Bal., § 4437.) 

119. County superintendent to liear testimony and adjust liabilities 

At such hearing the county superintendent shall hear testi- 
mony offered by any person or school district interested therein 
pertaining to the value and amount of any school property, of 
whatever nature, including current funds and taxes, involved 
in the proposed action, the assessed value of all taxable prop- 
erty in said districts, the nature, amount and value of all bond- 
ed, warrant and other indebtedness of each school district affect- 
ed by the action, including all legal uncompleted obligations 
then existing ; and whenever the territory so added to the school 
district embracing such incorporated city shall include a part 
only of the school districts from which such territory shall be 
taken, he shall consider the amount of outstanding indebtedness, 
of each of said school districts, incurred for current expenses, 
the amount incurred for permanent improvements and the loca- 
tion of such improvements, for the purpose of making such 
equitable adjustment of all property, debts and liabilities among 
the districts involved. He shall make a full report of his find- 
ings and terms of adjustment, and the decision of said county 
superintendent shall be final unless appealed from in the man- 
ner provided by law, in which case, the decision of the board of 
county commissioners shall be final. (L. '09, p. 270, § 3; Rem. 
& Bal., § 4438.) 



STATE OF WASHINGTON Qi 

120. District to retain corporate existence until liabilities are paid 
Whenever the territory so added to a school district, embrac- 
ing an incorporated city, shall include the whole of the school 
district from which such territory was taken, such district shall 
retain its corporate existence so far as necessary for that pur- 
pose, until its indebtedness as determined by such adjustment 
shall have been paid in full, and the officers of the district em- 
bracing such incorporated city to which its territory shall have 
been added shall have the power, and it shall be their duty, to 
provide, by appropriate levies upon such old district or dis- 
tricts, for the payment of such indebtedness : Provided, That 
when such payment of indebtedness is fully made, the clerk of 
the district shall enter the fact upon the records of the district, 
and report the same to the county superintendent of schools. 
(L. '09, p. 270, § 4; Rem. & Bal., § 4439.) 

Aeitcle IV — Formation of Consolidated Disteicts 

121. County superintendent may establish district 

Upon receipt of a petition signed by five heads of families of 
two or more adjoining districts in the same county, the county 
superintendent may organize and establish a consolidated school 
district. The posting of notices, the hearing, and the appeal 
shall be the same as in the change of territory from one district 
to another. (L. '09, p. 271, § 1 ; Rem. & Bal., § 4440.) 

Petition for consolidation must come from two or more districts and three 
notices must be posted in each district. — Tanner. 

Consolidated districts are under the management and control of the new 
board and they announce the levy to be made. — Bell. 

The petition for the formation of a consolidated school district need not be 
signed by the heads of families in each and every district which it is proposed 
to include in the consolidated district, but only by five heads of families residing 
in the several districts which it is proposed to include in the consolidated 
district. — Steatton. 

Two cities which are adjacent, each embraced in a school district, the school 
districts cannot unite and form a consolidated district without the consolidation 
of the cities. — Falknor. 

In the formation of a consolidated district the component districts maintain 
their existence for the purpose of appeal until the time for taking the appeal 
has expired. — Falknor. 

If two school districts, each having a school house, are consolidated and it is 
proposed to establish a school house site for the consolidated district, only a 
majority vote is required. — Falknor. 

A consolidated district cannot be formed of districts lying in two or more 
counties. — Booth. 



(32 CODE OF PUBLIC INSTRUCTION 

A new district cannot be formed out of the territory comprising the old 
district so that the territory remaining in the new district will not be contigu- 
ous. — Lyle. 

In mandamus proceedings to compel the prosecuting attorney to test the 
validity of an order of the school superintendent consolidating two school 
districts, the wisdom or policy of the order cannot be inquired into, where the 
same can be reviewed by appeal ; since it is a collateral attack on the order and 
only its validity can be questioned : State ex rel. Harris v. Ward, 69 Wash. 342. 

Two districts which are in different union high school districts cannot be 
consolidated : State ex rel. Bell v. Tliaanum, 32 Wash. Dec. 33. 

122. All boards to constitute new board until election 

When two or more districts are consolidated by the provisions 
of this act, or where two or more districts are consoHdated by the 
uniting of two or more incorporated cities or towns, as pro- 
vided by law, all the directors of the several districts so con- 
solidated shall constitute the board of directors of the new dis- 
trict so formed, and shall have all the powers and authority con- 
ferred by the laws of this state upon school district directors, 
until the next annual school election in said district, at which 
time there shall be elected three directors for said district in the 
manner provided by law, who shall hold their respective offices 
as provided for the officers of new districts. (L. '09, p. 271, § 2 ; 
Rem. & Bal., § 4441.) 

123. When district shall not be entitled to bonus 

Whenever, by reason of detachments of territory subsequent to 
the formation of a consolidated district, the boundaries of such 
district shall become practically co-extensive with the bound- 
aries of a district prior to the formation of such consolidated 
district, it shall be the duty of the county superintendent to 
report such fact to the Superintendent of Public Instruction at 
the time of making his annual report, and said district shall no 
longer be entitled to the bonus hereinafter provided for consoli- 
dated districts. (L. '09, p. 271, § 3; Rem. & Bal., § 4442.) 

124. Directors of city district to constitute board 

When two or more districts are consolidated, only one of 
which contains an incorporated city, the directors of the dis- 
trict which contains such incorporated city shall become the 
directors for the consolidated district as soon as the consolida- 



STATE OF WASHINGTON 63 



tion is legally completed. (L. '09, p. 271, § 4 ; Rem. & BaL, 
§ 4443.) 

125. County superintendent to number and describe district 

The county superintendent of any county in which new dis- 
tricts are formed by the uniting of two or more districts, or 
by the incorporating of any city or town lying partly in two 
or more school districts, shall upon being notified of such action 
by the board of directors of such new district, proceed to desig- 
nate such new district by a number not the same as that of 
either component district or of any existing district, and to make 
a record of the boundaries thereof, and he shall certify such 
facts to the board of county commissioners, to the county treas- 
urer, and to the clerk of the new district foi'med. (L. '09, p. 
272, § 5 ; Rem. & Bal., § 4444.) 

Consolidated school districts must be given a new number. — Lyle. 
A bond election is valid even though the superintendent did not renumber 
the district until after the election. — Ltlb. 

126. New district entitled to property 

All school districts formed by the uniting of two or more 
districts, as provided for in this act, shall be entitled to the 
public property of the school districts so united and to all cur- 
rent funds in excess of outstanding indebtedness other than 
bonded indebtedness, and the county superintendent shall trans- 
fer all such excess funds to the new district in accordance with 
this provision and shall certify such transfer to the county 
treasurer : Provided, That for the purpose of apportionment 
the consolidated district shall be considered one district: Pro- 
vided further. That for the purpose of apportionment the con- 
solidated district shall be credited with two thousand days' at- 
tendance in addition to actual attendance for each district, less 
one, so consolidated. (L. '09, p. 272, §6; Rem. & Bal., 
§ 4445.) 

Consolidated districts may be consolidated with a consolidated district and 
the new district will be credited with two thousand days' attendance. — Tanner. 

Money in the hands of the directors of a district becomes the property of the 
consolidated district by the consolidation and cannot be applied in payment of 
the indebtedness of the district. — Tanner. 



64 



CODE OF PUBLIC INSTRUCTION 



127. District to retain corporate existence until liabilities are paid 

Each school district composing said consolidated district shall 
retain its corporate existence so far as necessary for that pur- 
pose until its indebtedness has been paid in full, and the county 
commissioners shall have the power and it shall be their duty to 
provide by appropriate levies upon such old district or districts 
for the payment of such indebtedness : Provided, That when 
such payment of indebtedness is fully made the clerk of the 
district shall enter the fact upon the records of the district and 
report the same to the county superintendent of schools. (L. 
'09, p. 272, § 7 ; Rem. & Bal., § 4446.) 

Where two school districts are each indebted in excess of two per cent, of 
their taxable property as shown by the last assessment, and are consolidated, 
and the consolidated district issues bonds in excess of three per cent, of its 
taxable property, the issue is void, as being in excess of the constitutional 
limitation of five per cent, of the taxable property in the consolidated district, 
as each district is subject to taxation as a separate entity for the purpose of 
paying its prior indebtedness : State ex rel. Zylstra v. Clausen, 66 Wash. 324. 

128. Organization of board and election of clerk 

When two or more school districts shall be united by the 
provisions of this act, the boards of directors of the several 
districts shall, within thirty days thereafter, meet and organize 
the new board by the election of one of their number as presi- 
dent of the board. They shall elect a clerk for said district 
and the clerks of the several districts so united shall deliver to 
said clerk all books, papers and records belonging to their re- 
spective offices. The clerk of the new district thus formed shall 
immediately notify the county superintendent of the organiza- 
tion of the board of the new district. (L. '09, p. 273, § 8 ; Rem. 
& Bah, § 4447.) 

Aeticle V — Formation of Joint School Districts 

129. Joint district may be organized 

When the public good requires it, a school district may be 
formed of contiguous territory lying in two or more counties, 
and such districts shall be known as joint school districts. They 
shall be designated by a separate number for each county in 



STATE OF WASHINGTON 



65 



which any portion of their territory may he. (L. '09, p. 273, 
§ l;Rem. & Bal., § 4448.) 

Contiguous territory may be formed into a joint district altliough the terri- 
tory is comprised of districts of different classes. — Ltle. 

130. Petition shall be presented 

For the purpose of forming such joint districts, a petition 
shall be presented, drawn and signed as prescribed for the for- 
mation of other school districts, and a copy of such petition 
shall be presented to the county superintendent of each county 
affected by the formation of such proposed joint district. (L. 
'09, p. 273, § 2; Rem. & BaL, § 4449.) 

131. Superintendents shall post notices 

The superintendents of all counties affected by the formation 
of the proposed joint district shall confer and shall mutually 
agree upon the time and place of investigating said petition, 
and upon such agreement each shall notify the school electors 
of the district or districts of his county affected by the forma- 
tion of the proposed joint district, by posting notices as re- 
quired in the formation of other school districts, one of which 
notices shall be posted upon the school house door of each dis- 
trict aifected by the formation of the proposed joint district, 
and one of which shall be posted in some conspicuous place in 
the territory which it is proposed to include in the proposed 
joint district, in each county; and at the time and place men- 
tioned in said notices the several superintendents shall meet and 
jointly investigate all matters pertaining to the formation of the 
proposed joint district. (L. '09, p. 273, §3; Rem. & Bal., 
§ 4450.) 

132. Superintendents shall appoint directors 

If at the investigation provided for in the preceding section 
the several county superintendents shall mutually agree that 
said district should be formed, they shall appoint a board of 
directors to serve until the next regular election, and the direc- 
tors appointed shall qualify within ten days. At the next regu- 

—3 



66 



CODE OF PUBLIC INSTRUCTION 



lar election a board of directors shall be elected as provided in 
the case of other new districts. (L. '09, p. 274, § 4; Rem. & 
Bal., § 4451.) 

133. Shall file certificate and oatin 

Every director or clerk of the joint district shall file his certifi- 
cate of election and oath of office with the county superintendent 
of the county in which the school house is located, and his sig- 
nature with the treasurer of the same county. (L. '09, p. 274, 
§ 5; Rem. & Bal., § 4452.) 

134. How vacancies are to be filled 

Vacancies in the office of director of a joint district shall be 
filled by appointment by the county superintendent in whose 
county the officer vacating resided while serving, and a copy of 
such appointment, with the oath endorsed thereon, shall be 
filed in the office of each county superintendent. (L. '09, p. 274, 
§ 6; Rem. & Bal., § 4453.) 

135. Transfers by mutual consent of superintendents 

After a joint school district has been formed, all transfers of 
territory to and from said district shall be made by mutual 
agreement and joint action between the county superintendents 
of the several counties in which the territory of said joint dis- 
trict shall be embraced, and all notices of such transfers shall 
be signed by all superintendents in whose counties the terri- 
tory of the joint district shall he. (L. '09, p. 274, § 7 ; Rem. & 
Bal., § 4454.) 

136. Superintendents to keep transcripts 

The superintendents of the several counties affected by the 
formation of any joint school district shall make and keep a 
correct transcript of the entire boundary of such district, and 
shall certify the same to the county treasurer and county audi- 
tor of each county, and all transfers of territory to or from 
such joint district shall likewise be certified to such officers, 
said certificates being signed by all county superintendents in 
whose counties any part of the territory of such joint district 
shall be located. A map of all joint districts formed under the 



STATE OF WASHINGTON g^ 

provisions of this section shall be filed with the Superintendent 
of Public Instruction within thirty days after the formation 
of such districts. Said maps shall indicate the number by which 
the district is designated in each county, and it shall also show 
the location of the school house in such district, if there be one. 
Said map shall be certified to by all county superintendents in 
whose counties any part of such joint district shall be embraced. 
(L. '09, p. 274, § 8; Rem. & Bal., § 4455.) 

137. Provisions for apportionments 

For the purpose of the apportionment of state school funds 
the district shall be considered as belonging to the county in 
which the school building is located : Provided, That the county 
treasurer in whose county the school house is not located shall 
transfer quarterly all moneys to the treasurer of the county 
where the school house is located, and the same shall be placed to 
the credit of said joint district. (L. '09, p. 275, § 9; Rem. & 
Bal., § 4456.) 

138. Superintendents to hear testimony and adjust property 

At the hearing for the formation of a joint school district, 
the county superintendents shall, in case the petition is granted, 
hear testimony offered by any person or school district inter- 
ested therein, for the purpose of finding and determining the 
amount and value of all school property of whatever nature 
involved in the proposed action, the nature and amount and 
value of all bonded, warrant and other indebtedness of the orig- 
inal school district or districts out of whose territory such joint 
district is formed, including all legal uncompleted obligations 
then existing, and in so doing shall consider the amount of such 
outstanding indebtedness incurred for current expenses, the 
amount incurred for permanent improvements, and the location 
of such improvements, and shall make an equitable adjustment 
of all property, debts and liabilities among the districts involved. 

They shall make a full record of all such findings and terms of 
adjustment, and the decision of said county superintendent shall 
be final. (L. '09, p. 275, § 10; Rem. & Bal., § 4457.) 

The legislature intended that the last sentence of the above section was to 
cover all authorized acts and doings of the county superintendents, in the 



68 



CODE OP PUBLIC INSTRUCTION 



formation of joint school districts from contiguous territory in two or more 
adjacent counties : State ex rel. School Dists. 25 t£- 100 v. Board of County 
Commissioners, 30 Wash. Dec. 304 ; 130 Pac. 

139. Commissioners to make levies to pay indebtedness 

When a joint school district is formed in the manner pro- 
vided by this article, it shall be the duty of the board of county 
commissioners to provide by appropriate levies on the property 
of such joint district, in the manner provided by law, for the 
payment of such indebtedness as may be imposed upon it by 
the decision of the county superintendents. (L. '09, p. 275, 
§ 11 ; Rem. & Bah, § 4458.) 

140. Reports to be made to each superintendent 

All reports from joint districts shall be made in full to the 
county superintendent of each county affected thereby: Pro- 
vided, That any county superintendent may order the segrega- 
tion of any items of such report so as to show separately the 
numbers or amounts from each county affected thereby. (L. '09, 
p. 276, § 12; Rem. & Bal., § 4459.) 

Article VI — Formation of Union High School Districts 

141. Initial procedure of formation 

Whenever the residents of two or more adjacent or contigu- 
ous school districts in the same county may wish to unite for 
the purpose of establishing a union high school; the clerks of the 
districts, by order of the boards of directors, shall, upon a 
written or printed petition of five or more heads of families of 
their respective districts, each submit in writing a statement of 
the proposed union of such districts, together with the question 
of the advisability of the formation of such union school dis- 
trict to the county superintendent of schools, who shall within 
fifteen days report in writing to the said clerks his approval or 
disapproval, his action to be based upon an investigation made 
by him to determine whether or not either school district so 
applying already , maintains or is capable itself of maintaining 
a high school without uniting with another district, or with 
other districts, or whether or not the educational and other con- 
ditions of the districts desiring to so unite are such as to insure 



STATE OF WASHINGTON gg 

the maintenance of a high school in fact according to the pro- 
visions of this article. (L. '09, p. 276, §1; Rem. & Bal., 
§ 4460.) 

A union high school district cannot be formed by the union of school districts 
lying in different counties. — Steatton. 

After two districts have organized a union high school, and provided for a 
school being taug.ht in one of the districts, can the other district provide and 
appropriate public money for the teaching of high school grades in that district? 
Under such circumstances only one school can be maintained in which the high 
school grades are taught.- — Bell. 

Where a petition for the union of two school districts was not acted upon by 
the board of directors of one of the districts until more than a year after its 
presentation to them, and in the meantime the board had submitted to vote 
another petition for a union of districts, including the two in the original 
petition with others, which was submitted to a vote of the district and rejected, 
the board would be without power to submit the original petition, since it must 
be deemed as waived by failure to act within a reasonable time, and by the act 
of submitting a later petition to popular vote : Peth v. Martin, 31 Wash. 1. 

142. The elections 

If the county superintendent shall approve of the formation 
of the proposed union high school district, each of said clerks 
shall call a meeting of the voters of such school districts at some 
convenient place by posting written or printed notices in like 
manner as is provided for calling annual school district elec- 
tions. If a majority of the voters of each district shall vote to 
unite for the purposes herein stated, the clerk of each district 
so proposing to unite shall, within ten days after the election, 
notify the county superintendent of the holding of and the re- 
sult of the election, and the county superintendent shall, imme- 
diately after the receipt of said notices, designate such union 

high school district as "Union High School District No , 

County," and shall so notify the clerks of the 

several districts so uniting. (L. '09, p. 276, § 2 ; Rem. & Bal., 
§ 4461.) 

143. Organization of the board of directors 

The boards of directors of the several districts so voting to 
unite shall constitute the board of directors of such union high 
school district, and shall within ten days after the elections at 
which the districts voted to unite meet and organize by elect- 
ing one of their number president of the board, and selecting 
their clerk for such union high school district, and the clerk 



70 CODE OF PUBLIC INSTRUCTION 

and president chosen at such meeting shall hold their respective 
offices until the next annual school district election and until 
their successors are elected and qualified ; and the election of 
president and clerk shall occur annually thereafter, on the 
second Saturday next succeeding the date at which the newly 
elected school district officers shall enter upon the discharge of 
their duties : Provided, That in union districts consisting of 
three or more school districts the board of directors of said 
union district shall be composed of the chairmen of the several 
boards of directors of the districts comprised in such union dis- 
trict. (L. '09, p. 277, § 3; Rem. & Bal., § 4462.) 

144. Notices of organization 

The clerk of the union high school district shall within ten 
days after the organization of the district, by the election of a 
president and clerk, notify the county superintendent of the 
organization of said district, and the county superintendent 
shall also, within ten days after receiving notice of the organiza- 
tion of the district, notify the county treasurer and county 
auditor of the fact of its organization, together with the numbers 
of the constituent districts and the names of the directors and 
clerk. (L. '09, p. 277, § 4 ; Rem. & Bal., § 4463.) 

145. District may be enlarged 

After the formation of a union high school district the bound- 
aries of the same may be enlarged in the manner prescribed for 
the formation of the said union high school district : Provided, 
That the board of directors of the union high school district 
shall not be reorganized, but that the chairman of the district, 
or the chairmen of the districts, so united to the union high 
school districts shall be added to the board of directors of the 
union high school until the next ensuing annual school election. 
(L. '09, p. 277, § 5 ; Rem. & Bal., § 4464.) 

146. Course of study 

The directors of such union districts shall determine what 
grade or grades above the grammar grade of the state common 
school course of study shall be pursued and maintained in such 



STATE OF WASHINGTON 71 



schools : Provided, That the course of study for all high school 
grades shall not be inconsistent with the laws of this state, and 
shall be such as the Superintendent of Public Instruction shall 
approve. If local conditions admit of it, the directors of any 
union high school district may, at their discretion, admit pupils 
residing in such union district, belonging to a grade lower than 
the high school grades, but no pupil belonging to a grade lower 
than the seventh shall ever be admitted to any such union high 
school. The teacher or teachers of such union high schools 
shall keep such records and make such reports as are required of 
teachers in the districts composing such union districts, and 
shall make such other reports as may be required by the Superin- 
tendent of Public Instruction. (L. '09, p. 278, § 6 ; Rem. & Bal., 
§ 4465.) 

147. Powers of directors and clerks 

The board of directors and clerk provided for in the pre- 
ceding section shall, in all matters relating to the union high 
schools of such district, possess all the powers herein provided 
for other school district officers, including the power to recom- 
mend special levies of taxes for the purpose of furnishing 
transportation to and from school and other additional school 
facilities for the union district, or for the payment of teachers' 
wages, or for the purchase of fuel, supplies, globes, maps, charts, 
books of reference or other appliances for teaching, or for any or 
all of these purposes. They shall discharge all the duties and be 
governed by the laws herein provided for school district officers. 
(L. '09, p. 278, § 7 ; Rem. & Bal., § 4466.) 

148. Apportionments to district 

Each union high school district shall be entitled to and shall 
receive apportionments from the state annual school fund in the 
manner provided by law for the apportionments from the state 
annual fund to other school districts. (L. '09, p. 278, §8; 
Rem. & BaL, § 4467.) 

149. Taxpayers may appeal 

In case any resident taxpayer shall feel aggrieved at the for- 
mation of a union high school district, or at the refusal of the 



•72 CODE OF PUBLIC INSTRUCTION 

county superintendent to approve of its formation, he shall be 
entitled to an appeal as provided in this act. (L. '09, p. 279, 
§9;Rem. &Bal., §4468.) 

150. Withdrawal from union district 

When five or more years have elapsed from the date upon 
which two or more school districts united for the purpose of 
forming a union high school district, such union may be dis- 
solved, if at a special election called by the board of directors of 
such union high school district for that purpose, a majority of 
three-fifths of the vote cast at said election are in favor of dis- 
solution. The liabilities and assets of the union high school dis- 
trict so dissolved shall be justly apportioned by the county 
superintendent among the various districts composing the union 
high school district. (L. '13, p. 643, § 1.) 

Article VII — Miscellaneous 

151. When county superintendent may discontinue district 

In case any school district shall have fewer than five children 
of school age or shall not have maintained at least the minimum 
amount of school required by law, during the past preceding 
school year, or in case of territory which is not now a part of any 
school district, or in which there are no children of school age, 
the county superintendent shall have power to attach such ter- 
ritory to some contiguous school district or school districts 
without being petitioned to do so : Provided, That if any school 
district so disorganized shall have any outstanding bonds, war- 
rants or other indebtedness, the assessable property of such dis- 
trict shall be holden for the payment of such indebtedness. (L. 
'09, p. 279, § 1 ; Rem. & Bal., § 4470.) 

If a school district is dissolved under this section, the moneys should be 
apportioned as provided by §4430 Rem. & Bal. (§111 Code Pub. Ins.) — Tanner. 

152. County auditor shall certify to county assessor 

In all cases involving the alteration of school district bound- 
aries, the county auditor shall certify the action of the county 
superintendent or the county commissioners to the county as- 
sessor. (L. '09, p. 279, § 2 ; Rem. & Bal., § 4471.) 

SeCj Infra, § 624, Code Pub. Ins., boundaries to correspond with road districts. 



STATE OF WASHINGTON 73 



153. No district to be less than four sections 

In forming new districts, or transferring territory from one 
district to another, or changing boundaries of districts, no school 
district shall contain less than four sections of land, unless said 
district can support six months' school per year after such 
change of territory : Provided, That the county superintendent 
may estabhsh a district with less than four sections on a petition 
signed by eighty per cent, of all the heads of families of the 
proposed district, by and with the consent of the Superintendent 
of Public Instruction. (L. '09, p. 280, §3; Rem. & Bal., 
§ 44711/2.) 

CHAPTER 4— OFFICERS— THEIR POWERS AND DUTIES 
Article I — County Superintendent of Schools 

154. Election and oath of office 

A county superintendent of schools shall be elected in each 
county of the state at each general election, whose term of of- 
fice shall begin on the first Monday in September next succeed- 
ing his election and continue for two years and until his suc- 
cessor is elected and qualified. He shall take the oath of office 
and shall give an official bond in a sum to be fixed by the board 
of county commissioners. He may appoint a deputy, who shall 
qualify in the same manner as the county superintendent, and 
perform the duties of the oflSce, subject, however, to revision by 
the county superintendent : Provided, That in any county 
having more than one hundred school districts, the county su- 
perintendent, with the approval of the board of county com- 
missioners, may appoint such clerical assistance as may be nec- 
essary to perform the work of his office properly. The county 
commissioners of each county shall fill any vacancy that may oc- 
cur in the office of county superintendent until the next general 
election. (L. '09, p. 280, § 1 ; Rem. & Bal., § 4472.) 

Where a county superintendent of schools was elected for a term to begin 
on the second Monday in January next succeeding his election and continue for 
two years and until his successor is elected and qualified, and upon a change of 
the law during his term making the term "begin on the first Monday in August 
next succeeding his election," he is entitled to hold the office until the qualifica- 
tion of his successor for the term beginning in August, although thereby his 
term is made greater than two years, and the statute deferring the beginning 
of his successor's term would not be in violation of const., art. XI, sec. 8, 
which prohibits the extension of the term of any county officer beyond the 
period for which he is elected : State ex rel. Meridith v. Tallman, 24 Wash. 426. 



74 CODE OF PUBLIC INSTRUCTION 

155. Eligibility 

No person shall be eligible to hold the office of county super- 
intendent of schools who shall not at the time of his election or 
appointment have taught in the public schools of this state two 
school years of nine months each, and who shall not at the time 
of such election or appointment hold a first grade or higher 
certificate. (L. '09, p. 280, § 2; Rem. & Bal., § 4473.) 

One who has taught eleven months in the state, served as deputy county 
superintendent for eighteen months, served as county superintendent for one 
year, is qualified to act as county superintendent of schools if elected. — Ltle. 

156. Shall file evidence with county auditor 

The county auditor shall not place the name of any person 
upon the official ballot as candidate for the office of county su- 
perintendent of schools unless such person shall have filed in the 
office of the county auditor, at least twenty days before the date 
at which the election is to be held, proof of having taught in the 
schools of the state one school year of nine months, together 
with a copy of the ceritificate required by this act. (L. '09, p. 
280, § 3 ; Rem. & Bal., § 4474.) 

This section does not harmonize with the preceding section. 
The word "election" refers to the general election.— Tanner. 

157. Powers and duties 

Each county superintendent shall have the power and it shall 
be his duty — 

First. To exercise a careful supervision over the common 
schools of his county, and to see that all the provisions of the 
common school laws are observed and followed by the teachers, 
supervisors and school officers. 

Second. To visit the schools in his county, counsel with di- 
rectors and teachers, and assist in every possible way to ad- 
vance the educational interests of his county. 

Third. To distribute promptly all reports, laws, forms, cir- 
culars and instructions which he may receive for the use of the 
schools and the teachers, and to execute the instructions and de- 
cisions of the Superintendent of Public Instruction, as provided 
by law. 



STATE OF WASHINGTON 75 

Fourth. To enforce the outline course of study adopted by 
the State Board of Education, or the course of study adopted by 
any other lawful authority, and to enforce the rules and regula- 
tions required in the examination of teachers. 

Fifth. He shall prepare an outline course of study for the 
books adopted in districts of the third class when the needs of the 
county demand: Provided, That said outline course of study 
shall be in harmony with the course adopted by the State Board 
of Education of this state. 

Sixth. To keep on file and preserve in his office the biennial 
reports of the Superintendent of Public Instruction and of the 
county superintendent of his county. 

Seventh. To keep in good and well-bound books, to be fur- 
nished by the county commissioners, records of his official acts. 

Eighth. To preserve carefully all reports of school officers 
and teachers, and at the close of his term of office to deliver to 
his successor all records, books, documents and papers belonging 
to the office, taking a receipt for the same, which shall be filed in 
the office of the county auditor. 

Ninth. To administer oaths and affirmations to school direc- 
tors, teachers and other persons, on all official matters connect- 
ed with or relating to schools, but he shall not make or collect 
any charge or fee for so doing. 

Tenth. To keep in a suitable book an official record of all 
persons under contract to teach in the schools of his county, 
showing the number of the school district, the date of the con- 
tract, the names of the contracting parties, and the date of the 
expiration of the teacher's certificate and the grade thereof, the 
salary paid, and the date of commencing school, with the length 
of term in weeks, which data shall be immediately reported to 
the county auditor. 

Eleventh. To make an annual report to the Superintendent 
of Public Instruction on the first day of August of each year, 
for the school year ending June 30, next preceding. The re- 
port shall contain an abstract of the reports made to him by the 
district clerks, and such other matters as the Superintendent of 



tyg CODE OF PUBLIC INSTRUCTION 

Public Instruction shall direct. And it shall be the duty of the 
county commissioners and county auditor in every county where- 
in the county superintendent is about to retire from office to 
withhold the warrant of his salary for the month of July until 
they shall have received a certificate from the Superintendent of 
Public Instruction that the annual report of such county super- 
intendent has been made in a satisfactory manner; and it shall 
be the duty of the Superintendent of Public Instruction to trans- 
mit such certificate to the auditor immediately upon receiving 
such satisfactory report. 

Twelfth. To keep in his office a full and correct transcript 
of the boundaries of each school district in the county, including 
joint districts. In case the boundaries of said districts are con- 
flicting or incorrectly described, he shall change, harmonize and 
describe them, and at their next regular meeting he shall cer- 
tify his action to the county commissioners of his county, and 
shall file with them a complete transcript of the boundaries of 
all school districts affected by his action, which shall be en- 
tered upon the journal of said board and become a part of their 
records. The county superintendent shall, on request, furnish 
the district clerks with descriptions of the boundaries of their 
respective districts. 

Thirteenth. To appoint school district officers in districts of 
the second and of the third class, to fill vacancies caused by 
death, resignation, failure to hold election, failure to qualify be- 
fore the day for taking office, and absence from the district for a 
period of ninety days or failure to attend four consecutive meet- 
ings of the board without a reasonable excuse ; to appoint school 
officers for any new districts : Provided, That when any new dis- 
trict is organized, such of the school officers of the old district 
as reside within the limits of the new one shall be such school 
officers of the new one, and the vacancies in the old district shall 
be filled by appointment. 

Fourteenth. To apportion school funds as provided in chap- 
ter 5, title III, of this act. 



STATE OF WASHINGTON *7Y 

Fifteenth. To grant such temporary certificates and to con- 
duct such examination of teachers and make such records thereof 
as may be prescribed by law : Provided, That he shall give ten 
days' notice of such examination by publication in some news- 
paper of general circulation published in his county, or if there 
be no newspaper, then by posting up hand bills, or otherwise. 

Sixteenth. To hold teachers' institutes according to law, and 
to conduct such other meetings of the teachers of his county 
as may be for the best interests of the schools. 

Seventeenth. To hold each year, if he deem it advisable, one 
or more directors' meetings, the expense of which shall be aud- 
ited and paid by the county commissioners : Provided, That 
such expense shall not exceed the sum of one hundred dollars in 
any one year. 

Eighteenth. To suspend any teacher who may be teaching in 
his county, against whom he files charges, and in case of such 
suspension he shall immediately notify the Superintendent of 
Public Instruction of his action, and shall clearly and fully state 
his reasons for said action. 

Nineteenth. To furnish registers and clerks' record books 
to all districts of his county upon a requisition from the school 
district clerk, and he shall receive pay for such books by war- 
rants drawn against the said school district by the county aud- 
itor. At the end of each quarter of the fiscal year he shall turn 
over to the treasurer of his county all moneys derived from the 
sale of such books, together with a detailed statement of the 
sources from which said funds were derived. He shall also at the 
same time send a copy of said statement to the Superintendent 
of Public Instruction. 

Twentieth. To forthwith enforce the provisions of section 
14, article 7 [5], chapter 4, of title III of this Code, and to 
notify the Superintendent of Public Instruction whenever any 
school board of such county shall fail to comply with the pro- 
visions required. (L. '09, p. 281, § 4; Rem. & Bal., § 4475.) 

A county superintendent cannot refuse to approve a contract because he 
believes or has reason to believe that the teacher is not entitled to hold a 
teacher's certificate. — Ltle. 



78 



CODE OF PUBLIC INSTRUCTION 



The county superintendent is tlie proper person to determine the necessity 
for issuing any circular of information pertaining to the schools of his county. — 
Ross. 

County superintendents have power to institute proceedings to stop the pay- 
ment of warrants issued without authority of law. — Stratton. 

County Superintendents shall furnish to the Superintendent of Public Instruc- 
tion all information specifically required by law, and such other information as 
the Superintendent of Public Instruction may desire in the administration of his 
office such information to be of such a character as the county superintendent 
possesses or as he can reasonably obtain. For a persistent refusal to furnish 
such information, he may be removed from his office. In turn, school district 
clerks shall furnish to the county superintendent all information required by 
law, and for a persistent refusal to do so they may be removed from office. — 
Winston. 

If a county superintendent, at the time of his election, is the holder of such a 
certificate as is required by law as a condition of eligibility to that office, fails 
to have it renewed or fails to obtain a new one at the time of the expiration 
of the old one ; or, if his certificate should be revoked, it does not disqualify him 
from holding his office during the period for which he was elected. — Atkinson. 

The purpose of this restriction (subdivision twenty) is to assist and compel 
small school districts, which, as a matter of course, have no salaried paid archi- 
tect who has devoted special attention to the construction of school houses, 
when erecting a new school house or school houses, to erect sucn buildings in a 
manner better suited to the comfort and health of the pupils in the way of heat, 
light and sanitation. The county school superintendent has no authority to re- 
fuse approval of plans and specifications for the reason that the site upon which 
the building or buildings are to be constructed does not meet with his approval. — 
Knickerbocker. 

The fact that the school fund of a county is indebted to the state on account 
of taxes levied and collected does not justify the state auditor in deducting any 
portion of such indebtedness from the amount of the warrant he is required by 
law to draw in favor of any county, when the Superintendent of Public Instruc- 
tion has apportioned the state school fund to the respective counties and re- 
ported same to the state auditor, with direction to issue warrants to the treas- 
urers of the various counties for the respective amounts due them thereunder : 
State ex rel. Tanner v. Cheetliam, 23 Wash. 666. 

A temporary certificate to teach granted by the county superintendent of 
schools cannot be collaterally attacked in an action brought by a teacher against 
a school district for breach of contract of employment to teach its school, when 
there is no allegation of fraud or collusion in obtaining the certificate : Kimball 
V. School District, 23 Wash. 520. 

158. He shall require reports 

The county superintendent shall require all reports of school 
district officers, teachers and others to be made promptly as 
required by law. He shall see that the teacher's register is kept 
in accordance with law and the instructions of the Superintend- 
ent of Public Instruction, and that the records of the school dis- 
trict clerks are properly kept. He shall require the oath of 
office of all school district officers to be filed in his office, and 
shall furnish a directory of all such officers to the county treas- 
urer, upon blanks furnished by the Superintendent of Public 
Instruction, as soon as the election or appointment of such 



STATE OF WASHINGTON r^g 

officers is determined and their oaths placed on file. (L. '09, p. 
284, § 5 ; Rem. & Bal., § 4476.) 

159. Office days 

He shall keep his office open for the transaction of official 
business such days each week (at least one day each week) as 
the duties of the office may require, and shall keep posted on 
the door of his office a notice of said office days and hours of 
such days. (L. '09, p. 284, § 6; Rem. & Bal., § 4477.) 

160. Commissioners siiail furnish office and supplies 

The county commissioners shall provide the county superin- 
tendent with a suitable office at the county seat, and all neces- 
sary blanks, books, stationery, postage, printing and other ex- 
penses of his office shall be paid by the county treasurer out of 
the county funds upon a sworn statement made quarterly and 
allowed by the county commissioners : Provided, That as to the 
necessity for the printing and issuance of circulars of informa- 
tion pertaining to the schools of his county, for the use of 
schools, school officers and teachers, the county superintendent 
shall determine. (L. '09, p. 284, § 7; Rem. & Bal., § 4478.) 

161. Shall receive actual traveling expenses 

For all actual and necessary travel in the performance of their 
official duties and in attendance on the convention of county 
superintendents called by the Superintendent of Public Instruc- 
tion, county superintendents shall be allowed actual traveling 
expenses. (L. '09, p. 285, § 8; Rem. & Bal., § 4479.) 

Article II — District Officers — General Provisions 

162. Election and eligibility 

Directors of school districts shall be elected at the regular 
arnnual school elections. No person shall be eligible to the office 
of school director who is not able to read and write the English 
language. (L. '09, p. 285, § 1 ; Rem. & Bal., § 4480.) 

A director of a corporation, trust company, or light and power company is 
not ineligible to the office of school director. — Tanner. 



80 CODE OF PUBLIC INSTRUCTION 

163. Powers and duties of directors 

Every board of directors, unless otherwise specially provided 
by law, shall have power and it shall be its duty — 

First. To employ, for not more than one year, and for suffi- 
cient cause to discharge, teachers, and to fix, alter, allow and 
order paid their salaries and compensation. The directors, ex- 
cept in districts of the first class, shall make with each teacher 
employed by them a written or printed contract, which shall 
be in conformity with the laws of this state, and every such 
contract shall be made in duplicate, one copy of which shall be 
retained by the school district clerk, and the other shall be de- 
livered to the teacher after having been approved and registered 
by the county superintendent as by law required. 

Second. To enforce the rules and regulations prescribed by 
the Superintendent of Public Instruction and the State Board 
of Education for the government of schools, pupils and teachers, 
and to enforce the course of study lawfully prescribed for the 
schools of their district. 

Third. To rent, repair, furnish and insure school houses, to 
employ janitors, laborers and mechanics. 

Fourth. To cause all school houses to be properly heated, 
lighted and ventilated, and to cause all school premises to be 
maintained in a cleanly and sanitary condition. 

Fifth. To purchase personal property in the name of the 
district and to receive, lease and hold for their district any real 
or personal property. 

Sixth. To suspend or expel pupils from school who refuse to 
obey the rules thereof, and they shall exclude from school all 
children under six years of age. 

Seventh. To provide free text-books and supplies to be 
loaned to the pupils of the school, when in their judgment the 
best interests of their district will be subserved thereby, and to 
prescribe such rules and regulations as they shall deem neces- 
sary to preserve such books and supplies from unnecessary dam- 
age. 



STATE OP WASHINGTON gl 

Eighth. To require all pupils to be furnished with such 
books as may have been adopted by the lawful authority of this 
state, as a condition to membership in the schools. 

Ninth. To exclude from schools and school libraries all 
books, tracts, papers and other publications of an immoral or 
pernicious tendency. 

Tenth. To authorize the school room to be used for summer 
or night schools, or for public, literary, scientific, religious, po- 
litical, mechanical and agricultural meetings, under such regu- 
lations as the board of directors may adopt. 

Eleventh. To provide and pay for transportation of chil- 
dren to and from school when in their judgment the best in- 
terests of their district will be subserved thereby, but, in case 
transportation is provided, the directors shall not be compelled 
to transport children who live within two miles of the school 
house. (L. '09, p. 285, § 2; Rem. & Bal., § 4481.) 

See, infra, § 500, Code Pub. Ins. relating to bonds for security for labor on 
public works. 

School districts of the second and third class have no authority to employ 
an attorney other than the prosecuting attorney. — Bell. 

The directors may make arrangements to transport children to school who 
live more than two miles away, but cannot discriminate. — L"sle. 

If a teacher is a near relative of a member of the school district board, he is 
not by reason of such relationship alone rendered ineligible to election as a 
teacher in a school under the management of such board of directors. — Jones. 

A director cannot lawfully be employed to perform the duties of janitor in 
his own district. — Steatton. 

A school district cannot claim the attendance of pupils above the eighth 
grade, if such pupils attend school in some other district. — Knicneebocker. 

A board of directors in a school district employing not more than one teacher 
cannot be required to institute a high school or have high school studies taught 
in their district.— Steatton. 

Boards of school directors have the power to authorize the school room to be 
used for summer or night schools, literary, scientific, religious, political, mechan- 
ical or agricultural societies, but are not empowered to authorize the use of a 
school room for dancing purposes. — Steatton. 

A board of school directors has authority to make a by-law refusing to admit 
children of six years of age to the public schools at any other time than the 
commencement of a term. The opinion holds such a by-law is not inconsistent 
with the section of the Code of Public Instruction which admits to attendance 
all children between ages of six and twenty-one years residing in the school 
district. — Steatton. 

Directors cannot employ their children as janitors, for the reason that in 
the employment of their children as janitors the directors would be, at least indi- 
rectly, interested in the contract. It is our intention in the above opinion to 
use the word "children" in the sense of a dependent minor as distinguished from 
a person who has reached the age of majority and is emancipated from the sup- 
port of his parents. However, a contract of this kind is so close to the line 



gg CODE OF PUBLIC INSTRUCTION 

that it cannot be governed by any hard and fast rule. The test to be applied is : 
Does the particular transaction place the school director in a position whereby 
his individual interest is in opposition to his official duty? If it does, the trans- 
action is void.— Lyle. 

Directors are not authorized to build a bridge, as the building of a bridge is 
not transportation, although it may be an aid thereof. District funds cannot 
be used for such purposes. — Kblleran. 

We are unable to find any provision in the school code which authorizes the 
funds of any school district to be expended for speakers, orchestra, decorations, 
and the rent of a hall or building as part of the commencement exercises of the 
school ; and since school directors only have such powers as are expressly given 
to them by the legislature, we are of the opinion that school directors have no 
power to expend the funds of their respective districts for the purpose above 
mentioned. — Lyle. 

Directors cannot incur traveling expenses and charge the same up to the 
district. This might be considered an oversight on the part of the legislature 
if it had not specifically provided in section 161 of the school code for the 
mileage and traveling expenses of the county superintendent of schools. — Bell. 

There is no provision in the code which will directly or indirectly author- 
ize the directors of a school district to expend the funds of the district for 
the rent of a hall for a basket ball game. — Lyle. 

Subdivision 11, section 163, Code of Public Instruction, only applies to the 
transportation of children within the district to the school house owned by the 
district, and therefore the directors have no power to pay for the transportation 
of high school pupils from their district to an adjoining district. — Lyle. 

A teacher can act as janitor, but the question as to whether or not a teacher 
would be entitled to extra compensation for so doing would depend entirely on 
the contract which the teacher had with the school board, and is a matter which 
rests with the board at the time the contract is made out. — Lyle. 

While the purchase of supplies from an instructor is not directly prohibited 
by statute, the practice should be discouraged, for the reason that more or less 
of a fiduciary relationship exists between the board and an instructor, and 
theiefore the whole transaction would be subject to the criticism that the board 
had been induced to purchase the supplies on the recommendation of the in- 
structor. In case the board does purchase supplies from an instructor, the 
reason for such purchase should be clearly stated in the minutes of the board, so 
that all parties to the transaction may be protected. — Lyle. 

It is unlawful for a director to furnish supplies of any nature to the dis- 
trict. — Lyle. 

Directors cannot receive any compensation for services rendered in the con- 
struction or repairing of school property. — Lyle. 

While the employment of relatives by school directors is not expressly pro- 
hibited by statute when the directors have no interest in such employment, 
nevertheless the practice is contrary to the spirit of the law and should be 
limited to cases of necessity. — Lyle. 

In all cases where the clerks purchase supplies they should procure itemized 
bills from the persons or corporations from whom the supplies were purchased, 
together with the usual certificate attached that said supplies have been actually 
furnished. — Lyle. 

A writ of mandate will not issue to compel school directors to pay over to 
the county treasurer insurance money raised on a loss by fire of a school 
building in their district, to be divided between it and a new district recently 
formed out of it, when the money has been actually expended by the directors 
In the erection of a new school building, pursuant to a unanimous vote of the 
electors of the district : Elder v. Territory, 3 W. T. 438. 



STATE OF WASHINGTON gg 



In an action for the recovery for services as a school teacher, from which 
position plaintiff was discharged before the expiration of her term of employ- 
ment, where the allegations of the complaint regarding her employment by the 
directors are admitted by the answer, proof as to the manner of the employ- 
ment is unnecessary, and errors committed by the court in the admission of 
evidence to prove her employment are immaterial : Fitzgerald v. School Dis- 
trict, 5 Wash. 112. 

In an action for services as teacher the introduction by plaintiff of a first 
grade certificate, regular in form, signed by the county superintendent, and two 
examiners are effective, for a period more than covering the time of the em- 
ployment, and which she states was delivered to her by the county superin- 
tendent as a teacher's certificate, is prima facie proof of her being entitled to 
teach at the time she was so employed : Fitzgerald v. School District, supra. 

In order to obtain jurisdiction of a school district, service of process must 
be had on the clerk, service on an individual member of the board not being 
sufficient : Doicns v. Directors, 4 Wash. 309. 

Where the complaint in an action to enjoin the issuance of school bonds 
alleges that their issuance will increase the indebtedness of the school district 
to an amount exceeding one and one-half per cent, of the taxable property 
therein, it will be presumed from the fact that a certain part of the proceeds of 
the bonds is to be devoted to paying outstanding indebtedness of the district, 
that the indebtedness will be kept within the one and one-half per cent, limit, 
in which case the casting of certain illegal votes at such election will not 
invalidate the issue of bonds, if the rejection of the illegal vote would still 
leave the majority in favor thereof : Luzador v. Sargeant, 4 Wash. 299. 

The directors of a district cannot be compelled to open and maintain a 
public school where it appears that the indebtedness of a school district, in- 
cluding its bonded and warrant indebtedness, exceeds the one and one-half per 
cent, limitation allowed by the constitution, and that the bonded indebtedness 
has not been created under a vote of the people authorizing the incurring of 
indebtedness in excess of such limitation, and there are no moneys on hand for 
school purposes : Stanley v. McGeorge, 17 Wash. 8. 

The fact that a teacher was hired at other than a stated and regular meet- 
ing of the board of directors would raise the presumption, in the absence of 
proof to the contrary, that the meeting was held in pursuance of an adjourn- 
ment of a regular meeting : Splaine v. School District, 20 Wash. 74. 

Upon the question of the regularity of a school board meeting authorizing 
a contract, it is not reversible error to exclude testimony as to whether one of 
the members received notice thereof, when it is not also shown that the meet- 
ing was not an adjourned meeting and such member signed the contract next 
day as secretary of the board : Td. 

It is the duty of school directors to follow the course of study prescribed 
by the State Board of Education : Wagner v. Royal, 36 Wash. 428. 

Where a school district refuses to follow the course of study adopted by the 
State Board of Education, the publisher of the books (under contract with the 
State Board) is not entitled to relief by injunction unless materially damaged ; 
Westland Puh. Co. v. Royal, 36 Wash. 399. 

In case of the discharge of a teacher by a board of directors in which dis- 
charge the county superintendent actively participated, the teacher has the 
right of appeal to the superior court : State ex ret. Gaffrey v. Superior Court, 
30 Wash. Dec. 293, 130 Pac. 747. 

164. Every school to have flag 

Every board of directors of the several school districts of this 
state shall procure a United States flag, and shall display said 
flag upon or near each public school building during school 



84, CODE OF PUBLIC INSTRUCTION 

hours, except in unsuitable weather, and at such other times as 
to said board may seem proper. (L. '09, p. 286, § 3; Rem. & 
Bal., § 4482.) 

165. School districts to be liable for debts 

Every school district shall be liable for any debts legally due, 
contracted under the provisions of this act, and for judgments 
against the district, and such district shall pay such judgment 
or liability out of the proper school funds to the credit of the 
district. (L. '09, p. 287, § 4; Rem. & Bal., § 4483.) 

166. When districts may charge tuition 

Any board of directors shall have power to make arrange- 
ments with adults wishing to attend school, or with the directors 
of another district, for the attendance of such children in the 
school of either district as may be best accommodated therein : 
Provided, That in case such arrangements are not made, or 
children from school districts not adjoining desire to attend 
school in their district, they may charge reasonable tuition for 
such attendance: Provided further. That all such money col- 
lected by any school district officer for the use of the district 
shall, within thirty days after the date of its collection, be 
turned over to the county treasurer and placed to the credit of 
the district. (L. '09, p. 287, § 5 ; Rem. & Bal., § 4484.) 

167. Directors may make by-laws 

Any board of directors shall have power to make such by-laws 
for their own government, and the government of the common 
schools under their charge, as they deem expedient, not incon- 
sistent with the provisions of this act, or the instructions of the 
Superintendent of Public Instruction or the State Board of Edu- 
cation. (L. '09, p. 287, § 6; Rem. & Bal., § 4485.) 

168. Directors shall have custody of property 

The board of directors of each school district shall have cus- 
tody of all school property belonging to the district, and shall 
have power, in the name of the district, to convey by deed all 
the interest of their district in or to any school house or lot 
directed to be sold by vote of the district, and all conveyances 



STATE OF WASHINGTON 35 

of real estate made to the district shall vest title in the district ; 
said board, in the name of the district, shall have power to trans- 
act all business necessary for maintaining school and protecting 
the rights of the district. (L. '09, p. 287, § 7; Rem. & Bal., 
§ 4486.) 

169. Directors shall have no pecuniary interests 

It shall be unlawful for any director to have any pecuniary 
interest, either directly or indirectly, in the purchase of school 
sites or in the erection of school houses, or in the warming, ven- 
tilating, furnisliing, repairing or insuring of the same, or to be 
in any manner interested in or connected with the furnishing of 
supplies for the maintenance of schools, or to receive or accept 
any compensation or reward for services rendered as director, 
or be employed for hire by said district or by any person having 
a contract with said district : Provided, That nothing in this 
section shall be construed to prevent a director elected as clerk 
from acting as purchasing agent for his district, or from re- 
ceiving such compensation for performing the duties of school 
district clerk as are now or may hereafter be provided by law. 
(L. '09, p. 287, § 8; Rem. & Bal., § 4487.) 

See notes, supra, § 163, Code Pub. Ins., powers of directors. 
A county official is not entitled to pay for the use of his own horse or con- 
veyance as part of his necessary traveling expenses. — Ltle. 

A school building site cannot be purchased from a director of the district. 

— LXLE. 

Contracts entered into by a board of directors with themselves for the re- 
pairing of a school house, even though no one else could be procured to do the 
work, are expressly forbidden by this section : Miller v. Sullivan, 32 Wash. 11.5. 

The payment by the county treasurer of a school warrant issued by a board 
of directors in payment of a contract expressly forbidden by statute may be 
enjoined at the suit of a citizen and taxpayer, although the amount involved is 
trivial : Id. 

170. Directors shall not contract indebtedness in excess of income 

It shall be unlawful for any board of directors to contract 
indebtedness against their district in any one year in any sum 
or sums exceeding the aggregate of the amount due to said dis- 
trict during the year from state funds, the amount of school 
district tax levied for the year and the estimated receipts from 
other sources, unless said indebtedness be authorized by a vote 



gg CODE OF PUBLIC INSTRUCTION 

of the electors of said district. (L. '09, p. 288, § 9 ; Rem. & 
Bal., § 4488.) 

See Const., art. VIII, § 6. 

See, infra, § 310, Code Pub. Ins., levy for indebtedness. 

A school district may authorize the levy of a special tax and draw on the 
funds thus created for the purpose of building a school house. — Lyle. 

A meeting which authorizes the building of a school house and does not 
authorize the district to borrow money for that purpose, authorizes the district 
to build such a school house as can be built without incurring an indebtedness.— 
Tanner. 

171. Shall deliver records to his successor 

Every school ofScer shall immediately deliver to his successor 
in office all books, papers and moneys pertaining to his office. 
(L. '09, p. 288, § 10; Rem. & Bal., § 4489.) 

172. Shall take an oath of office 

Every person elected or appointed to any office mentioned in 
this acticle shall, before entering upon the discharge of the du- 
ties thereof, take an oath or affirmation to support the consti- 
tution of the United States and the State of Washington, and 
to promote the interest of education, and to faithfully discharge 
the duties of his office according to the best of his ability. In 
case any officer has a written appointment or commission, his 
oath or affirmation shall be endorsed thereon and sworn to be- 
fore any officer authorized to administer oaths. School officers 
are hereby authorized to administer all oaths or affirmations 
pertaining to their respective offices without charge or fee. All 
oaths of office as herein provided shall, when properly made, be 
filed with the county superintendent of schools. (L. '09, p. 288, 
§ 11 ; Rem. & Bal., § 4490.) 

173. Shall place signature with county auditor 

Every school district director or clerk shall, on assuming the 
duties of his office, place his signature, certified to by some school 
district officer, on file in the office of the county auditor. (L. 
'09, p. 289, § 12; Rem. & Bah, § 4491.) 

The provisions of Bal. Code. §2333, making it unlawful for a county treas- 
uier to pay a warrant when the signatures are not registered are intended for 
the protection, not of the public at large, but of the county and school districts 
therein, and no pction will lie against a treasurer and his sureties, by the 
holder of a forged school district warrant, who claims to have purchased same 
on the strength of such treasurer's indorsement : Roberts v. Prescott, 15 Wash. 
462. 



STATE OF WASHINGTON 



87 



174. Boards may condemn land 

The board of directors of any school district of tliis state may 
proceed to condemn and appropriate sufficient land for a school 
house site not to exceed five acres in extent ; such condemnation 
proceedings shall be in accordance with the laws of this state 
providing for appropriating private property for public use. 
(L. '09, p. 289, § 13; Rem. & Bal., § 4492.) 

School districts can exercise the power of eminent domain to acquire land 
for the use of school children as an athletic field and general play field ; and 
certainly, if it be within the power of the school district to acquire land for 
these purposes by condemnation proceedings, it is within its powers to purchase 
land on which to erect a gymnasium and construct a play field : Sorenson v. 
Perkins & Co., 29 Wash. Dec. 320 ; 129 Pac. 577. 

175. County superintendent shall approve plans 

Whenever any board of directors of school districts of the 
third class shall be authorized, by the electors of their district, 
to erect a school building, it shall be the duty of such board, 
before entering into any contract for the erection of any build- 
ings, to obtain the approval of the county superintendent of the 
county in which the building is to be erected, of the plans and 
specifications for the building to be erected. (L. '09, p. 289, 
§ 14; Rem. & Bal., § 4493.) 

Article III — Directors of Districts of the First Class 

176. The board of directors 

The directors of school districts of the first class shall consist 
of five members, who shall be known as the board of directors. 
They shall be elected by ballot by the qualified electors of the dis- 
trict, and shall hold their office for a term of three years and 
until their successors are elected and qualified. 

When a district of the second or third class shall become a dis- 
trict of the first class the existing directors shall serve until 
the annual election preceding the expiration of the term for 
which they were elected and shall appoint two additional direct- 
ors, who shall serve until the next annual school election in said 
district. At such annual election three directors shall be elected, 
one for one year, one for two years and one for three years. 

In case vacancies are to be filled, and the successor or succes- 
sors are to be elected to fill an unexpired term or terms, the bal- 



gg CODE OP PUBLIC INSTRUCTION 

lot shall specify the term for which each such director is to be 
elected. (L. '09, p. 289, § 1 ; Rem. & Bal., § 4494.) 

177. Election first Saturday in December 

The regular district election in each district of the first class 
shall be held on the first Saturday of December in each year, and 
such election shall be held in the manner provided in article 1, 
chapter 13 of this title. (L. '09, p. 290, § 2 ; Rem. & Bal., 
§ 4495.) 

The question of free text books should be submitted at the regular election 
in December. — Tanner. 

178. Oath of office and organization of board 

All persons elected as members of the board of directors of 
districts of the first class shall, within ten days thereafter, ap- 
pear before the officer authorized to administer oaths, take and 
subscribe the usual oath of office and deliver the same to the 
county superintendent of schools ; in case any person elected 
shall fail so to do, his election shall be void and the vacancy oc- 
casioned thereby shall be filled by the board as hereinafter pro- 
vided. The term of oflSce of persons so elected shall begin on 
the first Monday of the month of January following their elec- 
tion. At the first meeting of the members of the board in the 
month of January of each year, they shall elect a president and 
vice-president from among their number, who shall serve for a 
term of one year or until their successors are elected and quali- 
fied. In the event of the temporary absence or disability of both 
the president and vice-president, the board of directors may elect 
a president pro tempore, who shall discharge all the duties of 
president during such temporary absence or disability. They 
shall also at their regular meeting in the month of January in 
each year elect a secretary at such salary as they may deem just ; 
said secretary shall not be a member of the board of directors, 
and may be removed by the board at any time. (L. '09, p. 290, 
§ 3; Rem. & Bal., § 4496.) 

179. Election of officers by roll call 

The election of the officers of the board of directors, the city 
superintendent, the secretary, teachers, janitors and all other 



STATE OF WASHINGTON 



89 



officers of such district shall be by viva voce vote upon a call 
of the roll of all the members, and no person shall be declared 
elected unless he receives a majority vote of all the members of 
the board. (L. '09, p. 290, § 4; Rem. & Bal., § 4497.) 

180. President must preside at meetings 

It shall be the duty of the president to preside at all meetings 
of the board, and to perform such other duties as the board 
may prescribe. (L. '09, p. 290, § 5; Rem. & Bal., § 4498.) 

181. Duties of vice president 

It shall be the duty of the vice president tc perform all the 
duties of the president in case of his absence or disability. (L. 
'09, p. 291, § 6; Rem. & Bal., § 4499.) 

182. Duties of tlie secretary 

It shall be the duty of the secretary to be present at all the 
meetings of the board, to keep an accurate journal of the 
proceedings, to take charge of its books and documents, to 
countersign all warrants for school moneys drawn upon the 
county treasurer by order of the board ; he may be authorized 
by the board of directors to purchase needed supplies for the 
schools, and shall also act as superintendent of buildings, and 
may be charged with the special care of the school buildings 
and other property of the district ; he shall also perform such 
other duties as the board may direct. (L. '09, p. 291, § 7; 
Rem. & Bal., § 4500.) ; 

183. Bond of the secretary 

Before entering upon the discharge of his duties, the secre- 
tary of the board shall give bonds in such sum as the board 
of directors may fix from time to time, but for not less than 
five thousand dollars ($5,000), with good and sufficient sure- 
ties, and shall take and subscribe an oath or affirmation, be- 
fore a proper officer, that he will support the constitution of 
Washington and faithfully perform the duties of his office. 
He shall, from time to time, as he may be required by the board, 
make a complete and detailed record of his transactions as 
secretary, which shall be combined with his annual report, to 



90 



CODE OF PUBLIC INSTRUCTION 



be published in the manner determined by the board. (L. '09, 
p. 291, § 8; Rem. & Bal., § 4501.) 

184. Regular and special meetings of the board 

The regular meetings of the board of directors shall be held 
monthly or oftener at such a time as the by-laws of the board 
may prescribe, but special meetings may be held from time to 
time as circumstances may demand, at the call of the president 
or on petition of a majority of the members of the board, and 
all meetings shall be open to the public unless otherwise spe- 
cially ordered. (L. '09, p. 291, § 9; Rem. & Bal., § 4502.) 

185. The board must maintain an office 

The board of directors shall maintain an office where all 
regular meetings shall be held, and all records, vouchers and 
other important papers belonging to the board may be pre- 
served, and shall at all times be open for inspection of resident 
taxpayers. (L. '09, p. 291, § 10; Rem. & Bal., § 4503.) 

186. How moneys shall be paid out 

The moneys of such school districts shall be paid out only 
upon warrants signed by the president, or a majority of the 
board of directors, and countersigned by the secretary : Pro- 
vided, That when, in the judgment of the board of directors, 
the warrants issued by the district monthly shall have reached 
such numbers that the signing of each warrant by the presi- 
dent personally imposes too great a task on the president, the 
board of directors, after auditing all payrolls and bills as pro- 
vided by section 14 of this article, may authorize the issuing 
of one general certificate to the county treasurer, to be signed 
by the president, authorizing said treasurer to pay all the 
warrants specified by date, number, name and amount, and the 
funds on which said warrants shall be drawn. And the secre- 
tary of said board shall be authorized to draw and sign said 
warrants. L. '09, p. 292, § 11 ; Rem. & Bal., § 4504.) 

187. The board to fill vacancies 

The board of directors shall have power to fill, by election, 
any vacancy which may occur in its body, but the election 



STATE OF WASHINGTON 9I 

to fill such vacancy shall be valid only until the next regular 
district election, and the ballots and returns shall be designated 
as follows: "To fill unexpired term." (L. '09, p. 292, § 12; 
Rem. & Bal., § 4505.) 

188. The board may compel attendance of its members 

A majority of all members of the board of directors shall 
constitxite a quorum, but a less number in attendance at any 
regular meeting shall have, and a quorum at any special meet- 
ing shall have, power to compel the attendance of absent mem- 
bers, in such manner and under such penalties as the board 
may see fit to prescribe ; and the absence of any member from 
four consecutive regular meetings of the board, unless on ac- 
count of sickness or by resolution of the board, shall vacate 
his position in the board, which fact shall be passed upon by 
the board of directors and spread upon their records. (L. '09, 
p. 292, § 13; Rem. & Bal., § 4506.) 

189. Auditing committee 

All accounts shall be audited by a committee to be styled the 
"auditing committee," and no expenditures greater than $300 
shall be voted by the board except in accordance with a written 
contract, nor shall any money or appropriation be paid out of 
the school fund except on a recorded affirmative vote of a ma- 
jority of all members of the board: Provided, That nothing 
herein shall be construed to prevent the board from making any 
repairs or improvements to the property of the district through 
their shop and repair department ; and the accounts and the 
records of said board shall at all times be subject to the in- 
spection and examination of the county superintendent of said 
county, whose duty it shall be, annually, to examine said rec- 
ords and check said accounts, and report in writing to the 
board of county commissioners the nature and state of said 
accounts, and any facts that may be required concerning said 
records. (L. '09, p. 292, § 14; Rem. & Bal., § 4507.) 

190. Tiie board sfiail advertise for bids 

When, in the opinion of the board, the cost of any furniture, 
supplies, building, improvements or repairs will equal or ex- 



92 



CODE OF PUBLIC INSTRUCTION 



ceed the sum of $300, it shall be the duty of the board to give 
notice by publication, in at least one daily newspaper pub- 
lished within said district, and if there be no daily, then in one 
or more weekly papers, in three regular consecutive issues, of 
the intention to receive bids therefor ; and the board shall de- 
termine the specifications for such bids, which shall be public: 
Provided, That the board may, without giving such notice, 
make improvements or repairs to the property of such district 
through their shop and repair department. (L. '09, p. 293, 
§ 15; Rem. k Bal., § 4508.) 

After a school board has duly advertised for bids for the erection of a school 
house it may make alterations in the specifications reducing the cost of the 
building, making proper deductions on account of work eliminated and additions 
for extras, and thereupon enter into a contract with the lowest bidder, without 
readvertisement, so long as the general plan of the building remains substan- 
tially the same, and the parties act in good faith : Criswell v. Directors School 
District, 34 Wash. 420. 

A finding of the trial court that a contractor and architect were guilty of 
fraud in suggesting changes in the specifications for a school building is not 
warranted where the specifications in the main were identical, and a committee 
of the board were unable to find any material changes, except such as were 
agreed to and deductions made therefor : Id. 

191. Powers of the board 

Every board of directors of a school district of the first 
class shall, in addition to the general powers enumerated in 
article 4 [2], chapter 4, of this title, have the power: 

First. To employ for a term of not exceeding three years 
a city superintendent of schools of the district, and for cause 
to dismiss him ; and to fix his duties and compensation. 

Second. To prescribe a course of study and a program of 
exercises, which shall not be inconsistent with the course of 
study prepared by the State Board of Education for the use 
of the common schools of this state. 

Third. To make necessary by-laws for more effectively car- 
rying out the provisions of this act, and for facilitating the 
work of the board, as required by law. 

Fourth. To adopt and enforce such rules and regulations 
as may be deemed essential to the well being of the schools, and 
to establish and maintain such grades and departments, in- 
cluding night, high, kindergarten, manual training and in- 
dustrial schools, and schools or departments for the education 



STATE OF WASHINGTON gg 

and training of any class or classes of defective youth, as shall, 
in the judgment of the board, best promote the interests of 
education in that district. 

Fifth. To employ, and, for cause, to dismiss, teachers and 
janitors; to determine the length of time over and above eight 
(8) months that school shall be maintained, such length of 
time to give a consecutive vacation of not less than three 
months between June 1st of any year and September 15th of 
the same year; to fix the time for annual opening and closing 
of schools, and for the daily dismissal of primai"y pupils be- 
fore the regular time for closing schools. 

Sixth. To employ attorneys, an architect, inspectors of 
construction, superintendents of buildings and janitors, and a 
superintendent of supplies and other employes, and to pre- 
scribe their duties and fix their compensation. 

Seventh. To employ, and, for cause, dismiss one or more 
assistant city superintendents and to define their duties and 
fix their compensation. 

Eighth. To employ, and, for cause, dismiss supervisors of 
instruction, and to define their duties and fix their compensa- 
tion. 

Ninth. To maintain a shop and repair department, and to 
employ a foreman and the necessary help for the maintenance 
and conduct thereof. 

Tenth. To provide free text-books and supplies for all 
children attending school, when so ordered by a vote of the 
electors ; or, if free text-books are not voted by the electors, 
to provide books for children of indigent parents, on the 
written statement of the city superintendent that the parents 
of such children are not able to purchase them. 

Eleventh. To require successful vaccination as a condi- 
tion of school membership and to provide free vaccination to 
all who are unable to pay for the same: Provided, however. 
That a pupil showing a certificate by a reputable physician 
that the condition of such child or pupil is such that it would 



g^j CODE OF PUBLIC INSTRUCTION 



be injurious to its health and possibly dangerous to its life: 
And provided further. That a child or pupil showing certifi- 
cate by a reputable physician to the effect that vaccination 
has failed to take effect, such child or pupil shall have access 
to the school and vaccination shall not be a condition to school 
membership to such child or pupil. 

Twelfth. To require of the officers or employes of the dis- 
trict to give a bond for the faithful discharge of their duties 
in such penal sum as may be fixed by the board with good 
and sufficient surety, and to cause the premium for all bonds 
required of all such officers or employes to be paid by the 
district. 

Thirteenth. To prohibit all secret fraternities and sorori- 
ties among the students in any of the schools of the said dis- 
tricts. 

Fourteenth. To appoint a practicing physician, resident 
of the school district, who shall be known as the school dis- 
trict medical inspector, and whose duty it shall be to decide 
for the board of directors all questions of sanitation and health 
affecting the safety and welfare of the public schools of the 
district ; he or authorized deputies shall make monthly inspec- 
tions of each school in the district and report the condition of 
the same to the Board of Education and Board of Health. 
(L. '09, p. 293, § 16; Rem. & Bal., § 4509.) 

See, infra, §§ 457, 459, Code Pub. Ins., permanent fire insurance fund. 

A board of directors cannot conduct a summer scliool as tlie law states that 
there should be a three months' vacation. — Ltle. 

Dancing should not be permitted in school houses. — -Stratton. 

Publications of a Greek letter fraternity showing a spirit of insubordination 
to the authorities of a high school are sufficient to support a finding that the 
fraternity was detrimental to good order in the schools : Wat/land v. Hughes, 
43 Wash. 441. 

The legislature has power to require all minors to attend the public schools 
and all pupils to be vaccinated. McFadden v. Shorrock, 55 Wash. 209. 

192. Shall take school census 

The board of directors shall annually in May of each year 
cause to be taken an enumeration of all persons between the 
ages of five and twenty-one years residing in the district ; 
said enumeration shall be made on blanks or books provided 



STATE OF WASHINGTON gg 

by the district and shall contain such items as the Superin- 
tendent of Public Instruction shall require, including the fol- 
lowing: The names of all persons, male and female, between 
the ages of five and twenty-one years residing in the district 
on the first day of May last past ; the date of birth of such 
child ; the names and residences of the parents or guardians 
of all such children. The census shall be taken by the secre- 
tary and such enumerators as he shall select, subject to the 
approval of the board or its proper committee. The enum- 
erators shall receive such compensation as the board may 
deem just. Each enumerator shall verify by oath the cor- 
rectness of his report. The secretary of the district shall re- 
port to the county superintendent of schools on or before the 
15th day of the ensuing July the total number of males and 
the total number of females enumerated, together with a com- 
plete list containing the detailed information herein required 
of all defective youth residing in said district. (L. '09, p. 
295, § 17; Rem. & BaL, § 4510.) 

The law requiring the taking of the school census annually is mandatory. 
The Code of Public Instruction is presumed to be the law until proven to be in 
conflict with the statutes. — Atkinson. 

193. When board may sell property 

The board of directors shall have power to sell any of the 
property of the district which is no longer required for school 
purposes at public or private sale upon such terms as they 
may direct if the value thereof be less than two thousand dol- 
lars. The question of the sale of school property which may 
be found by the board of directors to be unsuitable for school 
purposes, and to be of greater value than two thousand dol- 
lars, shall be submitted to a vote of the electors of the district, 
either at a general election or at a special election called to 
be held for that purpose, as may be directed by the board of 
directors, and if a majority of the voters of the district voting 
thereon shall be for the sale of the property the directors may 
make the sale at public auction. The sale must be made for 
cash and good title will be conveyed by deed of the school dis- 



QQ CODE OF PUBLIC INSTRUCTION 

trict, executed by the president or the vice-president and sec- 
retary of the board. (L. '09, p. 296, § 18; Rem. & Bal., 
§ 4511.) 

194. Shall direct commissioners to levy taxes 
(See, also, sections 435 to 438) 

The board of directors shall annually, at a meeting next 
preceding the annual tax levy for state and county purposes, 
report to the board of county commissioners an estimate of 
the amount of funds, in addition to estimated receipts from 
the state and county apportionments for said district, re- 
quired for the support of the schools, for the purchase of school 
sites, the erection and furnishing of school buildings, the pay- 
ment of interest upon all bonds issued for school purposes, and 
the creation of a sinking fund for the payment of such indebt- 
edness, if any, and the county commissioners are hereby au- 
thorized and required to levy and collect such additional amount 
of funds, the same as other taxes : Provided, That for the pur- 
pose of the purchase of school sites and the erection of build- 
ings the board of directors of a district of the first class in 
cities having a population of fifty thousand or less, may annu- 
ally expend a sum not exceeding $50,000 ; in cities having a 
population greater than 50,000 and less than 100,000, a sum 
not exceeding $100,000 ; in cities having a population greater 
than 100,000 and less than 200,000, a sum not exceeding $200,- 
000, and for every additional 50,000 of population beyond 
200,000 a further sum of $50,000 : And provided further. 
That when any greater expenditure shall be required for said 
purposes, in any one current school year, the question shall be 
submitted to a vote of the electors of the district at the time and 
place the board of directors may appoint. The board of di- 
rectors shall, previous to such election, designate in one daily 
paper published in the district, if there be one, if not, then in 
such weekly papers as may be selected by the board, the place 
or places where such election shall be held, the locality of the 
site or sites required and the proposed cost of the buildings to 



STATE OF WASHINGTON 97 

be erected thereon. (L. '09, p. 296, § 19; Rem. & Bal., 
§ 4512.) 

See const., art. VIII, § 6, limit of indebtedness. 

See, infra, § 203, Code Pub. Ins., second class districts. 

See infra, §219, Code Pub. Ins., third class districts. 

See §§ 9208-9211, Rem. & Bal., publication of itemized estimate. 

If a school district in a city of more than 10,000 inhabitants has been en- 
larged, the funds for the district so enlarged should be raised from the whole 
district by equal taxation, and under the laws of 1890, page 394, the question 
of providing funds cannot be affected by the fact that the assessment period 
commenced prior to the enlargement, or that the boundaries of the district have 
been changed since the commencement of the assessment period : School District 
V. King County, 3 Wash. 154. 

Where the map of the county showing school district boundaries required 
by the law of 1891, page 300, §53, to be furnished the assessor by the county 
commissioners has not been corrected by the assessor after the enlargement of a 
certain school district in the county, and the assessment list made to tally 
therewith, it is the duty of the auditor, from the data in his possession, to make 
the necessary corrections in extending the tax : Id. 

Under Ballinger's Code, §2367 (Rem. & Bal. §4512), the board of directors of 
school district number 10, Pierce county, has authority to purchase a site for a 
high school for the sum of $32,000, when it did not exceed the constitutional 
limit of indebtedness of the district : Nichols v. School District, 39 Wash. 137. 

An illegal or invalid purchase of a high school site by a school district board 
is impliedly ratified by a vote of the district at a special election, authorizing 
the building of a high school thereon and the issuance of bonds therefor : Id. 

It is competent for the legislature to provide that the amount of school tax 
shall be determined by the school board and to require that the ministerial act 
of making the levy be performed by the board of county commissioners : State 
ex rel. Evers v. Byrne, 32 Wash. 264. 

The notice of a meeting of the voters of a school district to decide upon the 
selection of a school building site and authorize its purchase needs the hour at 
which polls will be opened, as voting by ballot is not required, and a notice 
fixing the time of the meeting at 1 o'clock p. m. is sufficient : Regan v. School 
District No. 25, 44 Wash. 523. 

195. Maximum tax levy 

The tax levied for school purposes in districts of the first 
class shall in no one year exceed one (1) per cent, of the as- 
sessed value of all the taxable property in the district: Pro- 
vided, That when any greater expenditure shall be deemed nec- 
essary in any one current school year by the directors, the ques- 
tion shall be submitted to a vote of the electors of the district at 
the time and place appointed by the board of directors ; and 
notice thereof shall be given as provided in section 19 hereof, 
which notice shall specify the amount of taxes proposed to be 
raised in excess of the said one (1) per cent., and if a majority 
of the electors voting thereon at said election shall be in favor 
of such additional tax, the entire amount so authorized shall 



gg CODE OF PUBLIC INSTRUCTION 

be levied and collected. No levy, however, shall exceed two (2) 
per cent of all the taxable property of said district. (L. '09, 
p. 297, § 20; Rem. & Bal., § 4513.) 

See, infra, § 281, Code Pnb. Ins., state levy. 

See, infra, § 283, Code Pub. Ins., county levy, limit. 

See, infra, §286, Code Pub. Ins., district levy. 

See, infra, § 618, Code Pub. Ins., exemptions. 

A school board cannot contract indebtedness in excess of the income of the 
district for the current year. — Knickerbocker. 

The board of county commissioners has no authority to make a levy for 
School district purposes in excess of one per cent, of the assessed valuation of 
all the taxable property of the district without the same having been authorized 
by a vote of the electors of the school district. — Lxle. 

The board of county commissioners are authorized and required to levy and 
collect the amount of taxes necessary for school purposes in addition to the 
estimated receipts from other sources. — Tanner. 

Article IV — Directors of Districts of the Second Class 

196. Election of directors 

Directors of school districts of the second class shall consist 
of three members. They shall be elected by ballot by the quali- 
fied electors of the district, and shall hold their office for a 
term of three years and until their successors are elected and 
qualified. In case vacancies are to be filled and a successor or 
successors to be elected to fill an unexpired term or terms, the 
ballot shall specify the term for which each director is to be 
elected. (L. '09, p. 297, § 1 ; Rem. & Bal., § 4514.) 

197. Election the first Saturday in March 

The regular district election in each district of the second 
class shall be held on the first Saturday in March of each year, 
and such election shall be held in the manner provided in article 
1, chapter 13, of this title. (L. '09, p. 298, § 2; Rem. & Bah, 
§ 4515.) 

At first regular elections in new districts of the second class, other than 
consolidated districts containing one incorporated city or town, three directors 
shall be elected for terms of one, two and three years respectively, and there- 
after at each regular election one director shall be elected for a term of three 
years. — Lyle. 

198. How vacancies are filled 

In case the electors of any district of the second class shall 
neglect or fail to elect directors as hereinbefore provided, the 



STATE OF WASHINGTON 99 

county superintendent may declare vacant the office of any 
director at the expiration of his term ; and in case of a vacancy 
in the board of directors from any cause, the county superin- 
tendent, in conjunction with the other directors if there be 
two, shall fill such vacancy by appointment until the fourth 
Monday following the next annual election. (L. '09, p. 298, 
§ 3; Rem. & Bah, §4516.) 

199. Shall take oath of office 

All persons elected as members of the board of directors of 
districts of the second class shall, within ten days thereafter, 
appear before an ofiicer authorized to administer oaths, take 
and subscribe the usual oath of office and deliver the same to 
the county superintendent of schools, and in case any person 
elected shall fail so to do, his election shall be void and the 
office shall be deemed vacant. (L. '09, p. 298, § 4; Rem. & 
Bal., § 4517.) 

200. When the board must organize 

The term of office of directors of districts of the second class 
shall begin on the fourth Monday next succeeding their elec- 
tion, on which day the directors shall meet at the hour of two 
o'clock p. m., and shall at once organize by electing one of 
their members as chairman of the board. They shall also elect 
a person to act as clerk, who may or may not be a member of 
the board of directors. The chairman and clerk shall both 
immediately enter upon the discharge of their duties and shall 
serve for a period of one year : Provided, That if any such 
clerk shall fail to discharge his duties in accordance with law, 
the board of directors may, at any time, remove such clerk 
and elect another person to fill the unexpired term. (L. '09, 
p. 298, § 5; Rem. & Bal., § 4518.) 

201. Regular and special meetings of the board 

The regular meetings of the board of directors shall occur 
on the first Friday of each month, and they may hold such other 
special or adjourned meetings as they may from time to time 
determine, or as may be specified in their by-laws. Special 



100 



CODE OP PUBLIC INSTRUCTION 



meetings may be called by the chairman or by any two mem- 
bers of the board. (L. '09, p. 299, § 6; Rem. & Bah, § 4519.) 

202. Shall buy books, apparatus, etc. 

Every board of directors of districts of the second class, in 
addition to the powers and duties enumerated in article 4 [2], 
chapter 4, of this title, shall have the power and it shall be 
their duty to provide and pay for such materials, supplies and 
libraries, as may be necessary for the schools, and to purchase 
such maps, charts and other apparatus as may be deemed nec- 
essary for the use of their schools. (L. '09, p. 299, § 7 ; Rem. 
& Bal., § 4520.) 

203. Shall direct commissioners to levy taxes 

The board of directors shall annually at a meeting preceding 
the annual tax levy for state and county purposes, report to 
the board of county commissioners an estimate in detail of the 
amount of funds which will be required by their district for all 
purposes for the ensuing year, and the county commissioners 
are hereby authorized and required to levy and collect such 
amount, after deducting the estimated receipts from the state 
and county apportionment for said districts, said estimate to 
be furnished by the county superintendent of schools. The 
levy in any one year shall not exceed one (1) per cent, of the 
assessed value of all the taxable property of the district: Pro- 
vided, That when any greater expenditure in any one current 
school year shall be deemed necessary, the question shall be 
submitted to a vote of the electors of the district at the time 
and place and in the manner provided for calling special elec- 
tions. The notice of such election shall specify the amount 
of taxes proposed to be raised in excess of the said one (1) 
per cent., and if a majority of the electors voting thereon at 
said election shall be in favor of such additional tax, the entire 
amount so authorized shall be levied and collected. No tax, 
however, shall exceed two (2) per cent, of all the taxable 
property of said district. In case any board of directors shall 
fail to make and report the said estimate to the board of 
county commissioners on or before the first day of September, 



STATE OF WASHINGTON JQI 

it shall be the duty of the county school superintendent to 
make such estimate, which will be accepted in lieu of the di- 
rectors' estimate. (L. '09, p. 299, § 8; Rem. & Bal., § 4521.) 

See, infra, §435, Code Pub. Ins., detailed estimate of expenditures. 

See, infra, § 438, Code Pub. Ins., penalty. 

See, supra, §§194, 195, Code Pub Ins., first class districts. 

See, infra, § 219, Code Pub. Ins., third class districts. 

The county commissioners cannot make a levy in excess of one per cent, of 
the taxable property of the county without a vote of the people : Lylb. 

A school board cannot contract indebtedness in excess of the income of the 
district for the current year. — Knickerbocker. 

The board of county commissioatn-s has no authority to make a levy for 
school district purposes in excess of one per cent, of the assessed valuation of 
all the taxabpe property of the district without the same having been authorized 
by a vote of the electors of the school disrict. — Ltlb. 

The board of county commissioners are authorized and required to levy and 
collect the amount of taxes necessary for school purposes in addition to the 
estimated receipts from other sources. — Tanner. 

204. Shall select sites and build houses when directed by the people 
The board shall build or remove school houses, purchase or 

sell lots or other real estate when directed by a vote of the 
district to do so : Provided, That a school house already built 
on a site which has been selected by a majority vote of the 
legal school electors of a district shall not be removed to a 
new site without a two-thirds vote of the school electors voting 
at an annual or special election ; nor shall a school house site 
that has been selected by a majority vote of the legal school 
electors, but upon which no school house has been built, be 
changed except by a two-thirds vote of the legal school electors 
voting at an annual or special election as hereinbefore pro- 
vided. (L. '09, p. 300, § 9; Rem. & Bal, § 4522.) 

A school district may authorize the levy of a tax and draw on the fund thus 
created for the building of a school house. — Tanner. 

A two-thirds vote of the qualified electors of the district voting at the 
election will be necessary in order to change the location of a site theretofore 
selected. — Campbell. 

205. Shall elect teachers, when 

No board of directors shall employ any teacher or teachers 
whose term or terms of service begin after the first Monday 
in August, until after the directors elected at the annual school 
election in said year shall have entered upon the discharge of 
their duties. (L. '09, p. 300, § 10; Rem. & Bal., § 4523.) 



log CODE OF PUBLIC INSTRUCTION 

206. Shall elect superintendent or principal 

In all districts of the second class the board of directors 
shall elect a superintendent, or a principal, who shall hold a 
valid teacher's certificate. The said superintendent, or prin- 
cipal, shall have supervision over the several departments of 
the school, and the board of directors may contract with him 
for a term of one year, or a term of two years, as may be 
deemed best in their judgment. (L. '09, p. 300, § 11 ; Rem. 
& Bal., §4524.) 

207. Minimum term six months 

In all districts of the second class the minimum school term 
for each year shall be six months. (L. '09, p. 300, §12; 
Rem. & BaL, § 4525.) 

Article V — Dieectoks of Disteicts of the Thied Class 

208. Election of directors 

Directors of school districts of the third class shall consist 
of three members. They shall be elected by ballot by the quali- 
fied electors of the district, and shall hold their office for a 
term of three years and until their successors are elected and 
qualified. At the first annual election in all new districts three 
directors shall be elected for one, two and three years respect- 
ively, and the ballots at such election shall specify the term 
for which each is to be elected. At each election after the first, 
one director shall be elected for a term of three years. In case 
vacancies are to be filled and a successor or successors to be 
elected to fill an unexpired term or terms, the ballots shall 
specify the term for which each director is to be elected. (L. 
'09, p. 300, § 1 ; Rem. & Bal., § 4526.) 

209. Election on first Saturday in March 

The regular district election in each district of the third 
class shall be on the first Saturday in March of each year, and 
such election shall be held in the manner provided in article 1, 
chapter 13, of this title. (L. '09, p. 301, § 2; Rem. & Bal., 
§ 4527.) 



STATE OP WASHINGTON 103 



210. County superintendent shall fill vacancies 

In case the electors of any district of the third class shall 
neglect or fail to elect directors as hereinbefore provided, the 
county superintendent may declare vacant the office of any di- 
rector at the expiration of his term ; and in case of a vacancy 
in the board of directors from any cause, the county superin- 
tendent shall fill such vacancy by appointment until the fourth 
Monday following the next annual election. (L. '09, p. 301, 
§ 3; Rem. & BaL, § 4528.) 

211. Shall take oath of office 

All persons elected as members of the board of directors of 
districts of the third class shall, within ten days thereafter, 
appear before an officer authorized to administer oaths, take 
and subscribe the usual oath of office and deliver the same to 
the county superintendent of schools, and in case any person 
elected shall fail so to do, his election shall be void and the 
office shall be deemed vacant. (L. '09, p. 301, § 3; Rem. & 
BaL, § 4529.) 

212. Organization of board 

The term of office of directors of districts of the third class 
shall begin on the fourth Monday next succeeding their elec- 
tion, on which day the directors shall meet at the hour of two 
o'clock p. m., and shall at once organize by electing one of 
their members as chairman and another as clerk, who shall 
each immediately enter upon the discharge of his duties, and 
shall serve for the period of one year : Provided, That if any 
such clerk shall fail to discharge his duties in accordance with 
law, the board of directors may, at any tim.e, remove such 
clerk and elect another of their number to fill the unexpired 
term. (L. '09, p. 301, § 5; Rem. & BaL, § 4530.) 

213. Regular and special meetings of board 

A regular meeting of each board of directors of districts of 
the third class shall be held on the first Saturday of February, 
May, August and November, and they may hold such other 
special or adjourned meetings as they may from time to time 



104 CODE OF PUBLIC INSTRUCTION 

determine, or as may be specified in their by-laws. Special 
meetings may be called by the chairman or by any two mem- 
bers of the board. (L. '09, p. 302, § 6; Rem. & Bal., § 4531.) 

214. Shall purchase books, apparatus, etc. 

Every board of directors of districts of the third class shall, 
in addition to the power and duties enumerated in article 4 [2], 
chapter 4, of this title, have power and it shall be their duty 
to provide and pay for such materials, supplies and libraries 
as may be necessary for the schools, and to purchase such 
maps, charts and other apparatus as may have the written 
approval of the county school superintendent. (L. '09, p. 
302, § 7; Rem. & Bal., § 4532.) 

215. When a principal shall be elected 

In all districts where the number of children of school age 
is sufficient to require the employment of more than one teacher, 
the board shall designate one of such teachers as principal, 
and such principal shall have general supervision over the 
several departments of such school. The school or schools in 
such districts shall be graded in such a manner as the directors 
thereof shall deem best suited to the conditions of such dis- 
tricts. (L. '09, p. 302, § 8; Rem. & BaL, § 4533.) 

216. When a superintendent shall be elected 

The directors of any districts wherein schools are maintained 
in two or more buildings shall elect a superintendent, who may 
be a teacher in the schools of such district, and such superin- 
tendent shall have general supervision over the schools in such 
district in accordance with the rules and regulations of the 
board of directors. (L. '09, p. 302, § 9; Rem. & Bal., § 4534.) 

217. Superintendent or principal shall make report 

It shall be the duty of the principal or superintendent of 
any school maintaining two or more departments to report to 
the Superintendent of Pubhc Instruction such facts relating 
to the grading, course of study, enrollment, attendance and 
other matters pertaining to such schools as he may require on 
blanks for that purpose. (L. '09, p. 302. § 10; Rem. & Bal., 
§ 4535.) 



STATE OF WASHINGTON 105 

218. Shall elect teachers, when 

No board of directors shall employ any teacher or teachers 
whose teiin or terms of service begin after the first Monday in 
August, until after the directors elected at the annual school 
election in said year shall have entered upon the discharge of 
their duties. (L. '09, p. 302, § 11 ; Rem. & Bal., § 4536.) 

219. Shall direct commissioners to levy taxes 

The board of directors shall annually at a meeting preceding 
the annual tax levy for state and county purposes, report to 
the board of County commissioners an estimate in detail of the 
amount of funds which will be required by their district for all 
purposes for the ensuing year, and the county commissioners 
are hereby authorized and required to levy and collect such 
amount, after deducting the estimated receipts from the state 
and county apportionment for said districts. The levy in any 
one year shall not exceed one (1) per cent, of the assessed 
value of all the taxable property of the district: Provided, 
That when any greater expenditure in any one current school 
year shall be deemed necessary, the question shall be submitted 
to a vote of the electors of the district at the time and place 
and in the manner provided for calling special elections. The 
notice of such election shall specify the amount of taxes pro- 
posed to be raised in excess of the said one (1) per cent, and 
if a majority of the electors voting thereon at said eelction 
shall be in favor of such additional tax, the entire amount so 
authorized shall be levied and collected. No tax, however, shall 
exceed two (2) per cent, of all the taxable property of said 
district. In case any board of directors shall fail to make 
and report the said estimate to the board of county commis- 
sioners on or before the first da}^ of September, it shall be the 
duty of the county school superintendent to make such esti- 
mate, which will be accepted in lieu of the directors' estimate. 
(L. '09, p. 303, § 12; Rem. & Bal., § 4537.) 

See, supra, §§ 194, 195, Code Pub. Ins., first class districts. 
See, supra, § 203, Code Pub. Ins.. second class districts. 

A school board cannot contract indebtedness in excess of the income of the 
district for the current year. — Knickerbocker. 

The board of county commissioners has no authority to make a levy for 



1QQ CODE OF PUBLIC INSTRUCTION 

school district purposes in excess of one per cent, of the assessed valuation of 
all taxable property of the district without the same having been authorized 
by a vote of the electors of the school district.^ — -Lyle. 

The board of county commissioners are authorized and required to levy and 
collect the amount of taxes necessary for school purposes in addition to the 
estimated receipts from other sources. — Tanner. 

220. Shall select sites and build houses when directed by the people 
The board shall build or remove school houses, purchase or 

sell lots or other real estate, when directed by a vote of the 
district to do so : Pi'ovided, That a school house already built 
on a site which has been selected by a majority vote of the legal 
school electors of a district shall not be removed to a new site 
without a two-thirds vote of the school electors voting at an 
annual or special election ; nor shall a school house site that 
has been selected by a majority vote of the legal school electors, 
but upon which no school house has been built, be changed 
except by a two-thirds vote of the legal school electors voting 
at an annual or special school election as hereinbefore provided. 
(L. '09, p. 303, § 13; Rem. & Bal., § 4538.) 

See, infra, §338 et seq.. Code Pub. Ins., elections. 

Upon a vote of the electors the district might use the money for the pur- 
chase of a site other than that named in the proposition. — Campbell. 

A site for a school house cannot be changed except by a two-thirds vote of the 
electors at an annual or special meeting called for that purpose. — Campbell. 

221. County superintendent shall approve plans 

Whenever any board of directors shall be authorized by the 
electors of their district to erect a school building, it shall be 
the duty of such board, before entering into any contract for 
the erection of any building, to obtain the approval of the 
county superintendent, of the plans and specifications for the 
building to be erected, including also the heating, lighting, 
ventilating and safety thereof. (L. '09, p. 304, § 14; Rem. 
& Bal., § 4539.) 

Aeticle VI — District Clekk 

222. Clerk to notify county superintendent of organization of board 

Every school district clerk in districts of the second and the 
third class shall within ten days after any change in the office 
of chairman or clerk, notify the county superintendent of such 
change in the organization of the board. (L. '09, p. 304, § 1 ; 
Rem. & Bal., § 4540.) 



STATE OF WASHINGTON ][07 

223. Duties of the district clerk 

The duties of the district clerk shall be as follows : 

First. To attend all meetings of the boards of directors ; 
but if he shall not be present, the board of directors shall select 
one of their number to act as clerk, who shall certify the pro- 
ceedings of the meeting to the clerk of the district, to be re- 
corded by him. He shall keep his records in a book to be fur- 
nished by the board of directors, and he shall preserv.e copies 
of all reports made to the county superintendent, and safely 
preserve and keep all books and documents belonging to his 
office, and shall turn the same over to his successor. 

Second. To keep accurate and detailed accounts of all re- 
ceipts and expenditures of school money. At each annual 
school meeting the district clerk must present his record book 
for public inspection, and shall make a statement of the finan- 
cial condition of the district and of the action of the directors, 
and such record must always be open for public inspection. 

Third. To take annually in May of each year an exact 
census of all children and youth between the ages of five and 
twenty-one years who were bona fide residents of the district 
on the first day of May of that year. He shall designate the 
name and sex of each child, and the date of its birth; the num- 
ber of weeks it has attended school during the school year, and 
its postoffice address. Parents or guardians must be required 
to sign a certified statement of the correctness of this report: 
Provided, That Indian children not living under the guardian- 
ship of white persons, or who have not severed their tribal 
relations, shall not be included in said census. He shall also 
list separately all defective youth between the ages of five and 
twenty-one and give such information concerning them as may 
be required. 

Fourth. To make to the county superintendent on or be- 
fore the 15th day of July his annual report, verified by affidavit, 
upon blanks to be furnished by the Superintendent of Public 
Instruction. It shall contain such items of information as said 
Superintendent of Public Instruction shall require, including 



108 CODE OF PUBLIC INSTRUCTION 

the following: A full and complete report of all children 
enumerated ; the number of schools or departments taught 
during the year ; the number of children, male and female, en- 
rolled in the school, and the average daily attendance ; the 
number of teachers employed, and their compensation per 
month ; the number of days school was taught during the past 
school year, and by whom ; and the number of volumes, if any, 
in the school district library ; the number of school houses in 
the district and the value of them ; the aggregate value of all 
school furniture and apparatus belonging to the district, and 
the clerk shall keep on file a duplicate copy of said report. 

Fifth. To carry out all orders of the board of directors 
made at any regular or special meeting, and to keep an accu- 
rate account of all expenses incurred by him in his district in 
keeping the school house in repair, in providing for necessary 
janitor work, and in providing school supplies, and for other 
expenses incurred by him on account of the school, which ac- 
counts must be audited by the board of directors, and paid out 
of the district school fund. 

Sixth. To give the required notice of all annual or special 
elections ; also to give notice of the regular and special meet- 
ings of the board of directors as herein authorized. 

Seventh. To report to the county superintendent at the 
beginning of each term of school the name of the teacher and 
the proposed length of the term, and to supply the teacher with 
the school register furnished by the county school superintend- 
ent. 

Eighth. To sign all warrants ordered to be issued by the 
board of directors, and to report to the county treasurer on 
or before the first Monday of each calendar month all the war- 
rants drawn by the directors of his district, giving date, num- 
ber and fund on which each warrant is drawn. (L. '09, p. 304, 
§ 2; Rem. & Bal., § 4541.) 

A school superintendent cannot hold office of school clerk without vacating 
the office of superintendent. A school clerk cannot fill the office of school 
teacher, and a teacher is ineligible to the office of clerk of the district in which 
he is employed. — Lyle. 



STATE OF WASHINGTON ^qq 

Districts of the second class may elect a person to act as clerk who may or 
may not be a member of the school board. — Lylb. 

Clerks should procure itemized bills from whom supplies are purchased. — 
Ltle. 

224. Compensation of the clerk 

The district clerk shall receive three dollars per day for the 
time actually and necessarily spent in taking the census and 
making his report, and he shall receive such other reasonable 
compensation for other services as the directors shall allow, 
said accounts to be audited and paid by the directors out of 
the funds of the district: Provided, That no account for ser- 
vices rendered by any district clerk shall be audited or allowed 
by any board of directors, or any warrant issued for the pay- 
ment of any such accounts, until he shall have filed with the 
board of directors a certificate of the county superintendent of 
his county that all reports required by law have been properly 
made; and it shall be the duty of the county superintendent to 
make and transmit to the clerks of such districts as have 
made all the reports as required by law, on or before the last 
Saturday of the months of January, April, July and October 
of each year, the certificates required by this section. (L. '09, 
p. 306, § 3; Rem. & Bal., § 4542.) 

Article VII — Teachees 
225. Teachers shall hold valid certificates 

No person shall be acounted as a qualified teacher within the 
meaning of the school law who is not the holder of a valid 
teacher's certificate or diploma issued by lawful authority of 
this state. (L. '09, p. 306, § 1 ; Rem. & Bal., § 4543.) 

Where a school board, after determining to reduce its corps of teachers 
from thirteen to twelve, for the ensuing year, passed a resolution re-employing 
all, but reserving the right to remove one of the teachers, in case all accepted, 
the action of the board in requesting one of the teachers to resign after she 
had accepted the contract of employment, was not equivalent to a removal : 
Kennedy v. School District, 20 Wash. 399. 

Proceedings before a Superintendent of Public Instruction to revoke a teacher's 
certificate, upon the determination of sufficient cause, after a hearing, are sub- 
ject to review by certiorari, under Ballinger's Code, §§ 5740-5751 (R. & B., §§ 996- 
1012) : Browne v. Gear, 21 Wash. 147. 

A temporary certificate to teach granted by the county superintendent of 
schools cannot be collaterally attacked in an action brought against a school 
district for breach of contract of employment to teach its school, when there is 
no allegation of fraud or collusion in obtaining the certificate: Kimliall v. 
School District, 23 Wash. 520. 



IIQ CODE OF PUBLIC INSTRUCTION 

Where a person under contract to teach a school for a term of nine months 
has a license qualifying her to teach only two months, at the time she tenders 
her services at the beginning of the school term, the district is released from its 
obligation to perform its part of the contract, and she has no right of re- 
covery thereon, since the contract is an entire one and a breach as to any 
material part is a complete discharge as to the whole : Kimiall v. School Dis- 
trict No. lZ2j Spokane County, 23 Wash. 520. 

A letter from the county superintendent stating that a teacher's papers are 
sufficient to entitle him to a certificate and that one will be issued on applica- 
tion as provided by statute, is not the equivalent of a certificate, and an action 
for wages will not lie where at the time of making the contract and entering 
upon the service no certificate had been obtained : Kester v. School District 
No. Si of Walla Walla County, 48 Wash. 486. 

226. Teachers must report to county superintendent 

Every teacher who shall be teaching at the close of the school 
year, or who shall teach the last term of any school year, in 
any school district, shall make a report to the county super- 
intendent immediately upon the close of such school year or 
term for the entire time taught in said school district since 
the beginning of the school year. Copies of all reports made 
by teachers shall be furnished to the clerk of the district, to 
be by him filed in his office. No board of directors shall draw 
any order or warrant for the salary of any teacher for the 
last month of his or her service until the reports herein re- 
quired shall have been made, and the same approved by the 
county superintendent: Provided, That in all schools acting 
under the direction of the city superintendent the report of 
such superintendent shall be accepted by the county superin- 
tendent and the directors in lieu of the teacher's reports, and 
that when there is no city superintendent, the report of the 
principal shall be accepted in lieu of the teacher's report. (L. 
'09, p. 307, § 2 ; Rem. & Bal., § 4544.) 

227. Shall keep register 

Every teacher shall keep a school register in the manner 
provided for, and no board of directors shall draw any order 
or warrant for the salary of any teacher for the last month 
of his service in the school at the end of any term or year 
until they shall have received a certificate from the district 
clerk, countersigned by the county superintendent, that the 
said register has been properly kept, the summaries made and 
the statistics entered, or until, by personal examination, they 



STATE OF "WASHINGTON 



111 



shall have satisfied themselves that it has been done. (L. '09, 
p. 307, § 3; Rem. & Bal., § 4545.) 

228. Shall enforce course of study and prescribed regulations 
Teachers shall faithfully enforce in the schools the course 

of study and regulations prescribed, and shall furnish prompt- 
ly all information relating to the school which may be re- 
quested by the county superintendent. (L. '09, p. 307, § 4; 
Rem. & Bal., § 4546.) 

The school teacher, not the board of directors, is the proper authority to 
determine to what grade or course a pupil properly belongs. — Ross. 

229. Shall be employed by written order of the board 

No teacher shall be employed except by written order of 
a majority of the directors of the district at a regular or 
special meeting thereof, nor unless the holder of a legal teach- 
er's certificate in full force and effect for the full period cov- 
ered by the said contract. (L. '09, p. 307, § 5 ; Rem. & Bal., 
§ 4547.) 

A teacher can recover the amount of her contract, less the sum earned 
elsewhere, where a contract was annulled by the board before the term begins 
simply because the employment was ill-advised and contrary to the wishes of a 
number of citizens : Splaine v. School District, 20 Wash. 74. 

230. Shall not be required to teach on holidays 

No teacher shall be required to teach school on Saturdays, 
Labor Day, Thanksgiving Day and the day immediately fol- 
lowing Thanksgiving Day, Christmas, New Years, Washing- 
ton's Birthday, Memorial Day, or the Fourth of July: Pro- 
vided, That no reduction from the teacher's time or salary 
shall be made by reason of the fact that a school day hap- 
pens to be one of the days referred to in this section as a day 
on which school shall not be taught. (L. '09, p. 308, § 6; 
Rem. & Bal., § 4548.) 

The teacher, outside of her professional obligations, possesses the ordinary 
personal rights and freedom that other persons do ; the same social privileges 
and the same right to discussion of public questions at proper times and places : 
Brown v. Oear, 21 Wash. 147. 

231. May suspend pupils 

Every teacher shall have the power to hold every pupil to 
a strict accountability in school for any disorderly conduct 



llg CODE OF PUBLIC INSTRUCTION 

on the way to and from school, or on the grounds of the school, 
or during the intermission or recess; to suspend from school 
any pupil for good cause: Provided, That such suspension 
shall be reported to the directors as soon as practicable for 
their decision. (L. '09, p. 308, § 7; Rem. & Bal., § 4549.) 

A teacher has no right to punish a child for any act committed after the 
child has reached home, after dismissal. — Atkinson. 

232. Must teach morality and patriotism 

It shall be the duty of all teachers to endeavor to impress 
on the minds of their pupils the principles of morality, truth, 
justice, temperance, humanity and patriotism ; to teach them 
to avoid idleness, profanity and falsehood ; to instruct them 
in the principles of free government, and to train them up to 
the true comprehension of the rights, duty and dignity of 
American citizenship. (L. '09, p. 308, §8; Rem. & Bal., 
§ 4550.) 

See, infra, p. 274, Code Pub. Ins., rules and regulations. State Board of 
Education. 

The stated reading of the Bible in the public schools of this state is a re- 
ligious exercise within the meaning of the constitution, and as such is thereby 
prohibited in section 11, article I of that document. — Jones. 

Article VIII — County Auditor 

233. Districts of tlie tiiird class only 

The duties of the county auditor hereinafter defined shall 
relate only to districts of the third class unless otherwise ex- 
pressly provided. (L. '09, p. 308, § 1; Rem. & Bal., § 4552.) 

See, infra, §243 et seq., Code Pub. Ins., apportionments. 
See infra, § 279 et seq.. Code Pub. Ins., school revenues. 
See, infra, § 288 et seq., Code Pub. Ins., bonds. 

234. Shall audit accounts of school district 

The county auditors of the several counties of this state 

shall audit all accounts of the several school districts of their 

respective counties, the same as other accounts are audited 

with the other departments of the county. (L. '09, p. 308, 

§ 2; Rem. & Bal., § 4553.) 

Bureau of Inspection and Supervision of Public Offices to install uniform sys- 
tem of accounting. (L. '11, p. 108, § 1.) 



STATE OF WASHINGTON II3 

235. Shall countersign and register warrants 

He shall countersign and register warrants for the payment 
of all teachers' salaries, supplies, apparatus, and accounts 
against the district upon the written order of the majority of 
the members of the school board of each district. (L. '09, p. 
308, § 3; Rem. & Bal., § 4554.) 

236. Shall not register warrant, when 

No warrant shall be countersigned and registered for the 
payment of any teacher who is not qualified within the mean- 
ing of the law of this state, nor unless a written contract be 
filed with the county superintendent in accordance with the 
provisions of the law. (L. '09, p. 308, § 4; Rem. & Bal., 
§ 4555.) 

237. When county superintendent must approve order 

No warrants for maps, charts and apparatus shall be coun- 
tersigned and registered until the order shall have been ap- 
proved by the county superintendent. (L. '09, p. 309, §5; 
Rem. & Bal., § 4556.) 

238. Warrant for last month's salary 

He shall not countersign and register the warrant in pay- 
ment of the last month's salary of teachers in districts of the 
third class until he shall receive due notice from the county 
superintendent that the teacher's final report has been made 
to the said county superintendent. (L. '09, p. 309, §6; 
Rem. & Bal., § 4557.) 

2381/^. Registration of warrants — Reports 

He shall cause all school warrants of the district issued by 
him to be registered in the treasurer's office and retain the 
vouchers on file in his office. 

He shall register in his own office, and present to the treas- 
urer for registration in the office of the county treasurer, all 
warrants of the first and second class districts received from 
all secretaries and clerks thereof before delivery of the same 
to claimants. 

He shall check the redeemed warrants of each school district 



Il4t CODE OF PUBLIC INSTRUCTION 

after each monthly settlement with the treasurer, enter the 
date redeemed in his school warrant register, and certify as 
to the correctness of the treasurer's reports to such school 
districts. 

He shall make an annual report to the county superintend- 
ent of schools on or before the fifteenth day of July in such 
form as may be prescribed by the Superintendent of Public 
Instruction. (L. '11, p. 377, § 1.) 

A member of the faculty of the state university can charge schools for de- 
livering a lecture at such school, without being subject to the charge of re- 
ceiving double salary. — Bell. 

The above ruling applies to institutes and other educational gatherings, such 
as commencements, teachers' meetings, directors' meetings, etc. — Lee. 

All warrants drawn on the funds of districts of the first and second class 
must be delivered to the county auditor for registration, and by him presented to 
the county treasurer for registration before the same are delivered to the claim- 
ants. — Lyle. 

Power is given the State Auditor, his deputies, every state examiner and 
every person legally appointed to issue subpoenas and compulsory process and 
to direct the service thereof by any constable or sheriff, to compel the attend- 
ance of witnesses and the production of books and papers before him at any 
designated time and place, and to administer oaths. — Ltle. 

Wherever the county auditor suspects or has reason to believe that the 
business methods and accounts of any school district or school district officer 
require a special investigation, it is his duty to report the facts to the Bureau 
of Inspecion and Supervision of Public Offices. The investigation, if deemed 
advisable, can then be made under the direction of the bureau, either by the 
county auditor or some person legally qualified for such service, and necessary 
witnesses may be required to appear with the books and papers at the time and 
place designated by the bureau. — Lyle. 

Article IX — County Teeasueee 
239. Duties of county treasurer 

The county treasurer of each county of this state shall be 
ex-officio treasurer of the several school districts of their re- 
spective counties, and it shall be the duty of each county 
treasurer : 

First. To receive and hold all moneys belonging to such 
school districts, and to pay them out only on warrants legally 
issued. 

Second. To certify to the county superintendent of com- 
mon schools and the auditor of his county, quarterly of each 
year at the time of the state apportionment, the amount of all 
school funds in his possession subject to apportionment on 
the last day of the preceding month, which certificate shall 



STATE OP WASHINGTON hq 

specify the source or sources from which said moneys were de- 
rived. 

Third. To make annually, on or before the fifteenth day of 
July, a report to the county superintendent and auditor of his 
county, which report shall show the amount of school funds 
on hand at the beginning of the school year last past belong- 
ing to each school district ; the amount of funds placed to the 
credit of each school district during the school year ending 
June 30th, last past, and the sources from which said funds 
were derived; the amount of warrants registered during the 
year, the amount of funds disbursed upon warrants of each 
school district during the year; the amount of funds remain- 
ing in his possession at the close of the school year subject to 
be paid out upon warrants, and the fund to which said moneys 
belong; also the amount of all unpaid warrants or bonds ap- 
pearing upon his register at the close of the school year. 

Fourth. He shall register all school warrants presented to 
him by the county auditor in a book to be known as the "Treas- 
urer's School District Warrant Register," which register shall 
show the date issued, number of warrant, to whom issued, amount 
and purpose, date registered, date advertised, interest if any 
accruing on said warrant, total as redeemed, date redeemed 
and to whom paid. If the district has money in the fund on 
which the warrant is drawn no endorsement on the warrant is 
necessary, but if there be no money to the credit of the fund 
on which the warrant is registered he shall endorse on said 
warrant the following: "This warrant bears interest at. . . . 

per cent, per annum from until called for payment. 

County Treasurer. By Deputy." 

All warrants shall be paid in the order of their presentation 
to the county treasurer; and it is hereby made the duty of the 
county treasurer to advertise, at least quarterly, all warrants 
which he is prepared to pay, in the sa,me manner in which he 
is required to advertise county warrants, and after the date 
fixed in said notice, warrants shall cease to draw interest. 

Fifth. He shall prepare and submit to the secretary of 



IIQ CODE OF PUBLIC INSTRUCTION 

each district of the first class, and to the clerk of each district 
of the second and third class in his county, a written report 
of the state of the finances of such district, on the first day of 
each month, which report shall be submitted not later than the 
seventh day of said month, certified to by the county auditor, 
which report shall contain the balance on hand the first of the 
preceding month, the funds paid in, warrants paid with interest 
thereon, if any, the number of warrants issued and not paid, 
and the balance on hand. 

Sixth. After each monthly settlement with the county com- 
missioners the treasurer of each county shall submit a state- 
ment of all cancelled warrants of districts of the first or 
second class to the secretary or clerk of such district, which 
statement shall be verified to the county auditor. The can- 
celled warrants of each district shall be preserved separately 
and shall at all times be open to inspection by the secretary or 
clerk or by any authorized accountant of such district. 

Seventh. He shall remit all moneys derived from the sale of 
school registers, and school clerks' record books to the State 
Treasurer, as other moneys are required to be remitted, and 
the State Treasurer shall place such moneys to the credit of 
the general fund of the state. (L. '11, p. 386, § 1.) 

See, infra, § 459, Code Pub. Ins., permanent fire insurance fund. 

A treasurer is liable for interest where by his own oversight he fails to ad- 
vertise and pay a warrant when there are funds. — Ltlb. 

The statute of limitations runs against school warrants after the same have 
been called by the county treasurer. Sec. 157, Rem. & Bal., which provides that 
actions based upon a contract in writing, or liability expressed or implied aris- 
ing out of a written agreement, must be commenced within six years after the 
cause of action has accrued. — Lxlb. 

If the county treasurer has reason to believe, either from matters appearing 
upon the face of a warrant, from the records of his office, or from other mat- 
ters coming to his attention, that the warrant is illegal, it is his duty to make 
such investigation as will satisfy him of the legality of the warrant, or if he 
finds the same to be illegal, to refuse payment thereof. On the other hand, if 
the warrant is regular upon its face, and the county treasurer has no reason to 
believe that it is illegal, then he is justified in paying the same without further 
investigation.— Tanner. 

A county treasurer, who is ex-officio treasurer of a school district of his 
county, is not entitled to a commission or percentage for receiving and dis- 
bursing the proceeds of certain school bonds of his district, whether he acted in 
the performance of such duties as the treasurer of the county or of the district : 
School District v. Cole, 4 Wash. 395. 



STATE OF WASHINGTON ll-y 

Article X — County Boards of Education 

240. Appointment and term of office 

There shall be in each county of this state a county board of 
education, which shall consist of five (5) members, including 
the county superintendent of common schools, who shall be 
ex-officio chairman of the board ; the other members of said 
board shall be appointed by the county superintendent on the 
first Monday of September following his election and shall hold 
ofl5ce for a term of two years : Provided, That in the event of 
a vacancy in said board from any cause the county superin- 
tendent shall fill the same for the remainder of the school year 
by appointment. (L. '09, p. 311, § 1; Rem. & Bal., § 4559.) 

241. Qualification and compensation of members 

Every member of the county board of education shall be the 
holder of a valid teacher's certificate for this state, and the 
members other than the county superintendent shall receive five 
dollars per day for the time spent in the performance of their 
official duties, and they shall also receive actual necessary trav- 
eling expenses, and the same shall be paid out of the funds of 
the county. (L. '09, p. 311, § 2; Rem. & Bal., § 4560.) 

242. Powers and duties 

Every county board of education shall have power and it 
shall be its duty: 

First. To grade the manuscripts of the pupils who take the 
state examination for the purpose of securing eighth grade or 
grammar school certificates. 

Second. To adopt text-books for use in the public schools 
of school districts of the second division, as defined in chapter 
7, Title III, of this act, of said county. 

Third. To assist the county superintendent in the prepara- 
tion of manuals, courses of study, rules and regulations for the 
circulating libraries, and to perform such other duties as may 
be required by him. 

Fourth. To adopt rules and regulations for the schools of 
the county, not inconsistent with the Code of Public Instruc- 
tion or with the rules and regulations of the State Board of 



118 CODE OF PUBLIC INSTRUCTION 

Education or the Superintendent of Public Instruction. (L. 
'09, p. 311, § 3; Rem. & Bal., § 4561.) 

The members of the board of education are entitled to be repaid for their 
hotel expenses when compelled to remain away from home on the business of 
said board. — Bell. 

CHAPTER 5— APPORTIONMENTS 

243. Six apportionments eacii year 

The Superintendent of Pubhc Instruction shall apportion to 
the several counties of this state on or before the 20th day of 
July, October, January, April, May and June of each year such 
current state school funds as have been certified by the State 
Auditor to be in the hands of the state and county treasurers. 
(L. '11, p. 613, § 1.) 

The fact that the school fund of a county is indebted to the state on account 
of taxes levied and collected does not justify the State Auditor in deducting 
any portion of such indebtedness from the amount of the warrant he is re- 
quired by law to draw in favor of the school fund of any county, when the 
Superintendent of Public Instruction has apportioned the state school fund to 
the respective counties and reported same to the State Auditor, with the direction 
to issue warrants to the treasurers of the various counties for the respective 
amounts due them thereunder : State ex rel: Tanner v. Cheetham, 23 Wash. 666. 

244. County superintendents' reports basis of apportionment 

For the purpose of the apportionment the Superintendent of 
Public Instruction shall base his calculations upon the days' 
attendance as shown by the several county superintendents' last 
annual reports filed in his office. (L. '09, p. 312, § 2; Rem. 
& BaL, § 4563.) 

245. Total days' attendance the basis of apportionment 

The basis of the apportionment to each county shall be on the 
total days of attendance in the several districts of the county : 
Provided, That each school district shall be credited with at 
least two thousand days' attendance. (L. '09, p. 312, § 3; 
Rem. & BaL, § 4564.) 

246. Attendance of non-resident pupils 

If a pupil attends any public school of the state, outside of his 
resident district, up to the ninth grade, during the time the 
resident district maintains a school of the grade in which the 
pupil belongs, the attendance shall be credited to the district 
in which the pupil resides, unless mutually agreed otherwise by 



STATE OF WASHINGTON 



119 



the directors of the two districts. (L. '09, p. 312, § 4; Rem. 
& Bal., § 4565.) 

247. Clerk may claim attendance for district 

The clerk of any district whose resident pupils are attending 
school in another district may notify the clerk of the district 
where such pupils attend, when the school of said pupils' resi- 
dent district will be in session, and of the grades that will be 
maintained, and he must file a duplicate copy of said notice 
with the county superintendent. He must name the pupils in 
his notice, and it shall be the duty of the district clerk so noti- 
fied, on or before the thirtieth day of June, to certify to the 
clerk of the resident district the actual number of days' attend- 
ance at school of such pupils during the time that a school of 
the grade to which the pupil or pupils properly belong was 
in session in their resident district. And in case said clerk shall 
fail or refuse to furnish such information to the clerk of the 
resident district, then it shall be the duty of the county super- 
intendent to grant to the district to which the attendance be- 
longs the maximum number of days claimed by the clerk of said 
district. Without the notice herein required by the clerk of 
the resident district, all claims to attendance will be forfeited. 
(L. '09, p. 312, § 5; Rem. & Bal., § 4566.) 

248. Private schools sliall report attendance 

It shall be the duty of the principal or head of every private 
school on or before the 30th day of June of each year to make 
a sworn report to the clerk of the district in which any pupil 
attending such private school resides of the actual days' attend- 
ance in said private school of each such pupil attending said 
private school during the preceding school year. The report 
shall include such pupils only as are between six and twenty- 
one years of age and whose parents or guardians actually re- 
side in the school district where the said pupil resides, and each 
district in making up the attendance of said district for the 
purpose of apportionment shall be entitled to the days' attend- 
ance so reported. (L. '13, p. 518, § 1.) 



120 CODE OF PUBLIC INSTRUCTION 

249. Attendance in high schools 

For purposes of apportionment of current state school funds, 
the attendance of all pupils in high school shall be counted as 
one and one-half times the actual attendance; but in order to 
receive the benefit of this provision no tuition can be charged 
any high school pupil, regardless of where his residence may 
be in this state, if there be no high school in the pupil's resi- 
dent district. (L. '09, p. 313, § 7; Rem. & Bal, § 4568.) 

250. Attendance in parental schools 

For purposes of apportionment of current school funds the 
attendance of pupils in parental schools where food and lodg- 
ing are furnished the pupil shall be counted as three times the 
actual attendance, and in schools for defectives five times the 
actual attendance shall be allowed. (L. '09, p. 313, § 8 ; Rem. 
& BaL, § 4569.) 

251. Attendance in night schools 

In night schools authorized by the laws of this state an even- 
ing's attendance shall be counted as a half day's attendance 
without maximum age limit. (L. '09, p. 31, § 9 ; Rem. & Bal., 
§ 5470.) 

252. Bonus to high school grades 

In addition to the regular quarterly apportionments as pro- 
vided by law, the Superintendent of Public Instruction shall ap- 
portion annually to each high school the sum of one hundred 
($100) dollars for each grade above the grammar grades 
maintained in such school. In order to receive the bonus of 
one hundred dollars the district must have maintained a high 
school in fact during the preceding school year, and must have 
maintained an average daily attendance in each grade of at 
least four students. (L. '09, p. 313, § 9 ; Rem. & Bal., § 4571.) 

Apportionments now made six times a year instead of "quarterly." See, 
supra, § 243, Code Pub. Ins., apportionments. 

253. County superintendent shall apportion funds 

It shall be the duty of the county superintendent to appor- 
tion within ten days after receiving the certificate of appor- 



STATE OF WASHINGTON 



121 



tionment of the Superintendent of Public Instruction, such state 
annual school funds as are subject to apportionment to the 
several districts entitled to receive the same in accordance 
with the instructions of the Superintendent of Public Instruc- 
tion. He shall also at the same time apportion in the manner 
provided in Section 7, chapter 9, Title III, of this act, the coun- 
ty school funds that may be in the hands of the county treasurer 
of his county. He shall certify the result of the apportion- 
ment to the county treasurer, and shall also notify each clerk 
of the amount apportioned to his district. (L. '09, p. 314, 
§ 11; Rem. & Bal., § 4572.) 

Attendance cannot be figured as an asset until apportioned. — Campbell. 

254. When attendance may be credited for time lost 

When the school board of any district is obliged to close 
the schools by order of the board of health or health officer on 
account of the prevalence of infectious disease, or when it is 
impossible to maintain the school on account of any circum- 
stances over which the school board has no control, the State 
Superintendent of Public Instruction may, at his discretion, 
allow such district its regular apportionment of funds for 
the time so lost, the amount to be determined on a basis of 
the average daily attendance in the district for the year in 
which such discontinuance occurs : Provided, That in no such 
case may any district draw money for a period of time longer 
than fifteen school days. (L. '09, p. 314, § 12; Rem. & Bal., 
§ 4573.) 

255. County superintendent shall withhold apportionment, when 
Whenever any school board shall neglect or refuse to com- 
ply with the provision of section 14, article 7 [5], chapter 4, 
of Title III of this Code, it shall be the duty of the county sup- 
erintendent to withhold the entire apportionment accruing to 
said district until such time as full compliance with require- 
ments thereof has been made. (L. '09, p. 314, § 13 ; Rem. & 
BaL, § 4574.) 

The annual reports of county school superintendents are the only proper 
basis of apportionment of public moneys by the State Superintendent of Public 
Instruction. — Ross. 



122 CODE OF PUBLIC INSTRUCTION 

Private schools which make a specialty of instructing in any branch other 
than those similar in character to the common school course prescribed by the 
state course of study are not entitled to receive the benefit attendance credited 
to the district in which the pupils reside. Such schools as commercial, music and 
art schools do not entitle a school district to the benefit of attendance in the 
apportionment of the state school funds. — Ross. 

School funds cannot be apportioned to any school district that has not main- 
tained school the minimum time required by law during the preceding school 
year. — Palknor. 

Under sec. 285 (apportionment of county funds) the apportionment should 
be made in proportion to the number of days of actual attendance. — Bell. 

CHAPTER 6— INSTITUTES 

256. Institutes must be held in certain counties 

Whenever the number of school districts in any county is 
twenty-five or more, the county superintendent must devote at 
least five days to institute work, three of which must be con- 
secutive. The county superintendent must arrange for the 
remaining two days to be spent in district meetings, visiting 
days, or in any other manner which he believes will be of great- 
est benefit to his teachers. (L. '09, p. 315, § 1 ; Rem. & Bal., 
§ 4575.) 

257. Joint institutes may be held 

County superintendents of contiguous counties may by mu- 
tual arrangement hold a joint institute, the expenses to be 
shared in proportion to the departments (rooms) maintained 
in the counties as shown by the county superintendent's last 
annual report. (L. '09, p. 315, § 2; Rem. & Bal., § 4576.) 

258. Teachers must attend institutes 

Every teacher holding a valid certificate, and employed in 
a public school in a county where an institute is held, must 
attend such institute during its whole time. (L. '09, p. 315, 

§ 3; Rem. & Bal., § 4577.) 

In case a teacher is not so employed it is not necessary to attend the county 
institute. A school district is only entitled to credit for the attendance of 
teachers at the county institute employed at the time of such institute, and 
should the district at a later date employ another teacher who had attended the 
institute while not in the employ of the district, that the directors of such dis- 
trict would not have any power to reimburse the teacher for attendance at the 
county institute. — Ltle. 

259. Superintendents of certain cities may hold institutes 

In districts employing more than one hundred teachers, the 
city superintendent may, in his discretion, hold a teachers' in- 



STATE OF WASHINGTON 



123 



stitute of two, three, four or five days in such district, said 
institute when so held by the city superintendent to be in all 
respects governed by the provisions of this Code relating to 
teachers' institutes held by county superintendents. (L. '09, 
p. 315, § 4; Rem. & Bal., § 4578.) 

260. Time of holding institute 

Each county superintendent shall determine the time for 
holding the teachers' institute. (L. '09, Ex. Ses., p. 52, § 1.) 

261. Pay of teachers shall not be diminished 

When the institute is held during the time when a teacher 
is employed in teaching, his pay shall not be diminished by 
reason of his attendance, when certified to by the county su- 
perintendent, and in addition to the actual attendance earned 
by the district, an additional attendance shall be credited to 
the district, deteraiined by multiplying the average daily at- 
tendance for the term by the number of days the teacher at- 
tended the institute. L. '09, p. 315, § 6 ; Rem. & Bal., § 4580.) 

262. Examination fees 

All examination fees shall be paid by the county superin- 
tendent or the city superintendent to the county treasurer, who 
shall place them to the credit of the proper institute fund 
hereby created. (L. '09, p. 316, § 7; Rem. & Bal., § 4581.) 

263. Superintendent shall make an estimate of expenses 

Each county superintendent or city superintendent shall, 
prior to the holding of the annual teachers' institute, make an 
estimate of the necessary expenses thereof; and the county 
commissioners must, thereupon, and prior to the date of hold- 
ing said institute, place at the disposal of the proper superin- 
tendent out of the county current expense fund such an amount, 
not to exceed $200.00, as, in addition to the amount then in 
the hands of the county treasurer in the institute fund, will 
meet the superintendent's estimate. (L. '09, p. 316, § 8; Rem. 
& Bal., § 4582.) 

The county superintendent is the lawful auditor of all claims or bills in- 
curred in holding teachers' institutes. However, the expenditure for this 



224 CODE OF PUBLIC INSTRUCTION 

purpose is limited to $200 in excess of the receipts for examination fees. The 
county commissioners have the right to refuse to order paid any manifestly 
improper or unlawful charge. — Ross. 

264. Superintendent to keep vouchers and make report 

The county or city superintendent must keep an accurate 
account of the actual expenses of the institute, with vouchers 
for same, and make a complete report to the county auditor, 
which shall be placed on file in his office as a part of the regular 
files. (L. '09, p. 316, § 9; Rem. & BaL, § 4583.) 

A member of the faculty of the state university can charge for delivering 
lectures at institutes, without being subject to the charge of receiving double 
salary. — Lee. 

CHAPTER 7— TEXT BOOKS 

265. Classes of districts 

For the purposes of this chapter, the school districts of the 
State of Washington shall be, and they are hereby divided into 
and shall consist of two divisions, viz. : School districts of the 
first division and school districts of the second division, and the 
school districts of the first division shall consist of all school 
districts maintaining a four-year accredited high school. Every 
other school district of the state shall be a school district of 
the second division. (L. '09, p. 316, § 1 ; Rem. & BaL, § 4584.) 

266. Text book commission 

That the text-books for use in the public schools of each 
school district of the first division shall be selected by the text- 
book commission of such school district. The text-book com- 
mission of such school district shall consist of five persons, in- 
cluding the city superintendent, or, if there be none, then the 
principal of the high school, who shall be ex-ofjicio chairman 
of the commission, and two members of the city board of school 
directors of the district, to be designated by such board, and 
one of whom shall be ex-ofjicio secretary of the commission, and 
two lawfully qualified teachers engaged in teaching in such 
school district, to be appointed by the board of school directors 
of the district. Each member of the text-book commission 
shall take the oath to faithfully discharge the duties of his 
office. The term of office of the text-book commission shall be 



STATE OF WASHINGTON 125 

one year or until their successors are appointed and qualified. 
Said text-book commission shall have power to select text- 
books for use in the public schools of the school district for 
which it is appointed, and it shall be the duty of the board 
of directors to require the introduction and use of all text- 
books lawfully adopted for use in their respective districts. 
The text-books selected by the commission shall cover such 
branches and studies as are required to be taught by the law- 
fully adopted course of study, and as are required to be taught 
by the laws of the State of Washington. Any text-book se- 
lected for use in the schools of the district shall continue in 
use until displaced or replaced by order of the text-book com- 
mission, and no text-book selected or introduced into the 
schools by the text-book commission shall be displaced or re- 
placed within three years from the date of its introduction into 
the schools. But nothing in this act or any other law shall 
be so construed as to prevent the text-book commission of any 
school district of the first division from using or introducing 
at any time any supplementary or additional books which may 
from time to time be deemed necessary in order to maintain 
the highest standard of excellence in the schools of the dis- 
trict. (L. '09, p. 316, § 2; Rem. & Bal., § 4585.) 

Text books adopted by a district of the second division must be used for 
five years by the district where such district has later become a district of the 
first division. The text book commission may, however, adopt additional and 
supplementary text books to meet the requirements of additional grades. — 
Campbell. 

As to the constitutionality of former laws as to the selection of text books, 
see Rand, McNally & Go. v. Hartranft, 29 Wash. 591. 

267. Meetings of commission and selection of books 

The text-book commission of each school district of the first 
division shall, between the first day of April and the first day 
of July of each year, when any text-books are to be selected 
by such commission, publish an advertisement in a newspaper 
of general circulation published in the county, or if there be no 
such newspaper published in the county, then in any news- 
paper published and having a general circulation in the state, 
to the effect that the commission will, on a day therein named, 



l^Q CODE OF PUBLIC INSTRUCTION 

select text-books for the use of the schools in such districts, 
and invite proposals for the furnishing of such books, the pro- 
posals to state an exchange and a retail price at which the 
proposer will furnish books for the schools of the district dur- 
ing the period of their use in such schools. (L. '09, p. 317, 
§ 3; Rem. & Bal., § 4586.) 

268. Superintendent or principal to issue course of study 

It shall be the duty of the superintendent or principal of each 
school in all districts of the first division to prepare and issue, 
under the direction of the board of school directors of the dis- 
trict, a course of study for his schools, which course of study 
must, before going into effect, be approved by the State Super- 
intendent of Public Instruction. Such course of study shall 
conform to the manual, or general outline, prescribed by the 
State Superintendent of Public Instruction, and all examina- 
tions and promotions under the same shall be based upon the 
minimum credits in each study, as prescribed by the State 
Superintendent of Public Instruction in his general manual or 
outline course of study. (L. '09, p. 318, § 4 ; Rem. & Bal., 
§ 4587.) 

269. County board of education to advertise for books 

The county board of education in each county of this state 
shall, between the first day of April and the first day of July 
of each year when any text-books are to be selected, publish 
and advertise in a newspaper of general circulation in said 
county to the effect that said county board of education will 
on a day named therein select text-books for the use of all 
the school districts of the second division in said county, and 
invite proposals for the furnishing of such books, the proposals 
to state an exchange price, a wholesale price and a retail price 
at which the proposer will furnish books for the schools of all 
districts of the second division during the period of their use 
in the schools of such districts. Any text-books selected for 
use in the schools shall remain in use until the same shall be 
displaced or replaced by the county board of education; but 
no book selected and introduced into the schools shall in any 



STATE OF WASHINGTON 127 

event be changed within five years from the date of introduc- 
tion. The county board of education or the officers of any 
school district of the second division shall have power to se- 
lect, introduce and use additional and supplementary books at 
any time, when they deem it necessary, in order to establish and 
maintain the highest standard of excellence in their schools. 
The Superintendent of Public Instruction shall have power 
and it shall be his duty to prescribe a uniform course of study 
for all schools of the second division : Provided, That any 
publisher or publishers of school books furnishing books under 
the provisions of this act to any district or districts of this 
state shall deposit with the Superintendent of Public Instruc- 
tion a copy of any and all books so furnished. (L. '09, p. 318, 
§ 5; Rem. k Bal., § 4588.) 

A school board cannot lawfully purchase text books and sell them to the 
pupils of the district. It can perform only such acts as the law authorizes. — 
Falknor. 

Books selected by a district when of the second division must be used by it 
after it has become a district of the first division until five years from the time 
they were adopted. — Campbell. 

270. County superintendents nnay handle text books, when 
Whenever any text-book adopted by lawful authority is sold 

within any county at a price greater than the retail price 
agreed upon, at the time of the a.doption, it shall be the duty 
of the company having the contract to furnish any such book, 
to furnish the county superintendent upon his written demand 
a sufficient number of copies of said book to supply the schools 
in the districts in which the price charged is greater than the 
agreed price. It shall be the duty of the county superintend- 
ent to handle said books without charge and to remit to the 
book company the full retail price of such books after deduct- 
ing the necessary charges for all transportation. (L. '09, p. 
319, § 6; Rem. & Bal., § 4589.) 

271. Connpensation of text book commissioners 

Each member of the text-book commission, in school districts 
of the first division, shall receive as compensation for his ser- 
vices the sum of three dollars for each day during which he 
is in attendance upon the meetings of the text-book commis- 



128 CODE OF PUBLIC INSTRUCTION 

sion, and such compensation shall be paid from the funds of 
the school district. (L. '09, p. 319, § 7 ; Rem. & Bal., § 4590.) 

272. Joint district in county wiiere school house is located 

In all joint districts of the second division, that is to say, 
in all school districts of the second division situated in more 
than one county, such joint school district shall, for the pur- 
pose of this act, be held and deemed to be a school district 
within the said county in which the school house is located, 
and for all purposes of this act it shall be under the control 
and jurisdiction of the county board of education of that 
county. (L. '09, p. 319, § 8; Rem. & Bal., § 4591.) 

CHAPTER 8— COUNTY CIRCULATING LIBRARY 

273. County superintendent may establish library 

The county superintendent of each county of this state may 
establish a circulating library for the use and benefit of the 
pupils of the common schools of such county. (L. '09, p. 320, 
§ 1; Rem. & BaL, § 4592.) 

274. County commissioners may levy taxes 

At the time fixed for the levy of the county tax, the county 
commissioners of each county may levy a tax sufficient to carry 
into effect the provisions of section one of this chapter : Pro- 
vided, That said tax shall not exceed one-tenth of one inill on 
each dollar of the assessed valuation of the said county. The 
proceeds of said tax shall, when collected, constitute a circu- 
lating school library fund for the payment of all bills created 
by the purchase of books and fixtures by the county superin- 
tendent. (L. '09, p. 320, § 2; Rem. & Bal., § 4593.) 

275. County superintendent shall certify bills 

The county commissioners shall allow no bill or bills against 
said fund until it shall have been certified to be correct by the 
county superintendent. (L. '09, p. 320, § 3; Rem. & Bal., 
§ 4594.) 

276. County superintendent shall not contract indebtedness 

The county superintendent shall purchase no books or fix- 
tures for such circulating library until there shall be to the 



STATE OF WASHINGTON 



129 



credit of the circulating school library fund sufficient money 
to pay the purchase price thereof. (L. '09, p. 320, § 4; 
Rem. & Bal., § 4595.) 

277. Books to be recommended, by whom 

No book shall be placed in a county circulating library un- 
less it has been recommended by the State Board of Education, 
or the Superintendent of Public Instruction. (L. '09, p. 820, 
§ 5; Rem. & Bal., § 4596.) 

278. County superintendent to purchase books and enforce regulations 
It shall be the duty of the county superintendent to pur- 
chase the books and to enforce such rules and regulations for 
their distribution, use, care and preservation as he may deem 
necessary. (L. '09, p. 320, § 6; Rem. & Bal., § 4597.) 

CHAPTER 9— SCHOOL REVENUES 

279. Source of school funds 

The principal of the common school fund shall remain per- 
manent and irreducible. The said fund shall be derived from 
the following named sources, to-wit: Appropriations and do- 
nations by the state to this fund; donations and bequests by 
individuals to the state or public for common schools ; the 
proceeds of lands and other property which revert to the state 
by escheat and forfeiture ; the proceeds of all property granted 
to the state, when the purpose of the grant is not specified, or 
is uncertain ; funds accumulated in the treasury of the state 
for the disbursement of which provision has not been made by 
law ; the proceeds of the sale of timberj stone, minerals or other 
property from school and state la,nds5 other than those granted 
for. specific purposes ; all moneys received from persons ap- 
propriating timber, stone, minerals and other property from 
school and state lands, other than those granted for specific 
purposes, and all moneys other than rental, recovered from 
persons trespassing on said lands ; five per centum of the pro- 
ceeds of the sale of public lands lying within the state, which 
shall be sold by the United States subsequent to the admission 
—5 



2gQ CODE OF PUBLIC INSTRUCTION 

of the state into the Union as approved by section 13 of the 
act of Congress enabhng the admission of the state into the 
Union; the principal of all funds arising from the sale of 
lands and other property which have been, and hereafter may 
be granted to the state for the support of common schools, 
and such other funds as may be provided by legislative enact- 
ment. (L. '09, p. 320, § 1 ; Rem. & Bal., § 4598.) 

This section is a copy of part of Const., art. IX, sec. 3. 
See, infra, § 550, Code Pub. Ins., investment of funds. 

280. Loss a permanent debt to the state 

All losses to the permanent common school or any other 
state educational fund, which shall be occasioned by defalca- 
tion, mismanagement or fraud of the agents or officers controll- 
ing or managing the same, shall be audited by the proper au- 
thorities of the state. The amount so audited shall be a per- 
manent funded debt against the state in favor of the particular 
fund sustaining such loss, upon which not less than six per cent, 
annual interest shall be paid. (L. '09, p. 321, § 2; Rem. & 
Bal., § 4599.) 

This section is a copy of part of the Const., art. IX, sec. 4. 

281. Current school funds 

The interest accruing on said permanent school fund, to- 
gether with all rentals and other revenues derived therefrom, 
and from lands and other property devoted to the common 
school fund, shall be exclusively applied to the current use of 
the common schools. 

In addition thereto it shall be the duty of the State Board 
of Equalization, annually, at the time of levying taxes for 
state purposes, to levy a tax sufficient to produce a sum which, 
v/hen added to the amount of money derived from interest and 
other income from the state permanent school fund during the 
preceding school year, shall equal $10.00 for each child of 
school age residing in the state as shown by the last reports of 
the several county superintendents to the Superintendent of 
Public Instruction: Provided, That said tax shall not exceed 
five (5) mills on the dollar. 



STATE OF WASHINGTON 



131 



The funds provided by this section shall be known as the 
current state school fund. (L. '09, p. 321, § 3 ; Rem. & Bal., 
§ 4600.) 

School buildings cannot be built and paid for with warrants on the general 
fund. — Campbell. 

282. Tax levy must be certified 

The tax levy authorized by section 3 of this chapter shall be 
certified to the several county auditors in the same manner as 
other state taxes are required to be certified, and shall be col- 
lected and retained as other public funds, by the county treas- 
urers, until paid out in the manner prescribed by law. 

The county treasurer shall certify to the State Auditor the 
amount of moneys so collected. It shall be the duty of the State 
Auditor, within thirty (30) days after the date at which the 
county treasurers are required to transmit state funds to the 
State Treasurer, to certify to the Superintendent of Public In- 
struction the amount of all current state school funds in the 
hands of the State Treasurer and county treasurers subject to 
apportionment. In the event that there shall be an excess over 
the amount apportioned in the hands of the county treasurer, 
the amount shall be transmitted forthwith to the State Treas- 
urer. In the event that there shall not be in the hands of the 
county treasurer sufficient to pay the amount apportioned to 
his county, the deficiency shall be paid by the State Treasurer. 
(L. '09, p. 322, § 4; Rem. & Bal., 4601.) 

283. County tax must be levied 

The county commissioners of the several counties of the State 
of Washington shall annually, at the time of making the tax 
levy for county purposes, levy a tax on all the property sub- 
ject to taxation in their county, sufficient to produce the sum 
of ten dollars for each child of school age therein, as is shown 
by the certificate of the county superintendent hereinafter men- 
tioned: Provided, That such tax on said property shall in no 
case exceed five mills on each dollar, at the assessed valuation ; 
such tax to be used for the support and maintenance of the 
pubhc schools in such county. (L. '09, p. 332, § 5 ; Rem. & 
Bal., § 4602.) 



IQ^ CODE OF PUBLIC INSTRUCTION 

284. County superintendent to certify school census 

It shall be the duty of the county superintendent of each 
county in the State of Washington, between the fifteenth day 
of August and the first day of September of each year, to file 
with the county auditor of his county a certificate showing the 
number of children of school age in each district in his county, 
as is returned to him by the several school districts therein, and 
said certificate shall be the basis upon which said tax levy, as 
mentioned in section 5 hereof, shall be made by the county 
commissioners of the several counties of the State of Washing- 
ton. (L. '09, p. 323, § 6; Rem. & BaL, § 4603.) 

New districts forming canDot participate in fund until after filing of certifi- 
cate of county superintendent with county auditor. — Lxle. 

285. How county funds must be apportioned 

At the same time that the state school funds are apportioned 
to the different districts, as provided in chapter 5, Title III, 
of this act, the whole of the money derived under section 5 of 
this chapter shall be apportioned as follows : Two-thirds 
thereof shall go to the different districts of each county in pro- 
portion to the number of days of attendance in each district 
for the preceding school year, and one-third thereof shall go 
to the different districts of each county in proportion to the 
number of teachers employed in such district for the preceding 
school year: Provided, That where a district employed a sec- 
ond or additional teacher for a term less than eight months 
such district shall receive one-eighth of an apportionment for 
each teacher for each month she is actually employed. (L. '09, 
p. 323, § 7; Rem. & BaL, § 4604.) 

See, supra, sec. 195, Code Pub. Ins., levy in first class district. 

See, supra, sec. 203, Code Pub. Ins., levy in second class district. 

See, supra, sec. 219, Code Pub. Ins., levy in third class district. 

See, infra, sec. 294, Code Pub. Ins., bond interest levy. 

286. District taxes may be levied 

In addition to the school revenues provided by sections 3 and 
6 [5] of this chapter, for the support of the common schools 
of this state, a tax may be levied upon all taxable property in 
each school district of this state, in the manner provided by 



STATE OF WASHINGTON I35 

law, and the funds thereby created shall be known as the "School 
District Fund." 

The "School District Fund," together with the apportion- 
ment from the "Current State School Fund" and the county 
apportionments, shall constitute the "General School Fund" of 
each school district. (L. '09, p. 323, § 8 ; Rem. & Bal., § 4605.) 

The building of a new school house and the purchase of a school house site 
does not come under "current expenses." Neither do they come under, "support 
of the common schools." Both the terms "support" and "current expenses" 
when applied to the common schools of this state mean continuing regular ex- 
penditures for the maintenance of the schools ; Sheldon v. Purdy, 17 Wash. 135. 

287. Certain moneys to be placed to the credit of the current school 

fund 

Except as otherwise provided by law, all sums of money de- 
rived from fines imposed for violation of orders of injunction, 
mandamus and other like writs, or for contempt of court, and 
the net proceeds of all fines collected within the several counties 
of the state for breach of the penal laws, and all funds arising 
from the sale of lost goods and estrays, and from penalties and 
forfeitures, shall be paid in cash by the person collecting the 
same, within twenty days after the collection, to the county 
treasurer of the county in which the same have accrued, and 
shall be by him transmitted to the State Treasurer, who shall 
place the same to the credit of the current state school fund. 
He shall indicate in such entry the source from which such 
money was derived. (L. '09, p. 323, § 9 ; Rem. & Bal., § 4606.) 

CHAPTER 10— BONDS 

288. Directors may borrow money upon bonds 

The board of directors of any school district, provided for 
in this act, or hereafter created in this state, may borrow 
money and issue negotiable coupon bonds therefor to any 
amount not to exceed five (5) per cent, of the taxable property 
in such district, as shown by the last assessment roll for county 
and state purposes previous to the incurring of such indebted- 
ness ; except that in incorporated cities the assessment shall 
be taken from the last assessment for city purposes, for the 
purpose of funding outstanding indebtedness, or bonds here- 
tofore issued, or issued under the provisions of this act, or 



134 CODE OF PUBLIC INSTRUCTION 

for the purchase of school house site or sites, building one or 
more school houses and providing the same with all necessary 
furniture, apparatus or equipment, or for any or all of these 
purposes, when authorized by a vote of the district so to do as 
provided in section 2 of this chapter: Provided, That the 
bonds so issued shall bear a rate of interest not to exceed six 
per cent, per annum, interest payable annually or semi-annu- 
ally, payable and redeemable at such time as may be desig- 
nated in the bonds, but not to exceed twenty (20) years from 
date of issue. (L. '09, p. 324, § 1 ; Rem. & Bal., § 4607.) 

Bonds shall not bear a higher rate of interest than six per cent., and a dis- 
trict cannot directly or indirectly pay more. — Stratton. 

A district may refund previous valid bond indebtedness by issuing new bonds 
and after selling the same for par, pay off the old indebtedness with the pro- 
ceeds. — Lyle. 

Where the complaint in an action to enjoin the issuance of school bonds 
alleges that their issuance will increase the indebtedness of the school district 
to an amount exceeding one and one-half (now 5) per cent, of the taxable 
property therein, it will be presumed from the fact that a certain part of the 
proceeds of the bonds is to be devoted to paying outstanding indebtedness of 
of the district, that the indebtedness will be kept within the one and one-half 
per cent limit, in which case the casting of certain illegal votes at such election 
will not invalidate the issue of bonds, if the rejection of the illegal vote would 
still leave the majority in favor thereof : Luzader v. Sargeant, 4 Wash. 299. 

The directors of a district cannot be compelled to open and maintain a pub- 
lic school where it appears that the indebtedness of a school district, including 
its one and one-half (now 5) per cent limitation allowed by the Constitution 
and that the bonded indebtedness has not been created under a vote of the 
people authorizing the incurring of such indebtedness in excess of such limita- 
tion, and there are no moneys on hand for school purposes : Stanley v. McQeorge, 
17 Wash. 8. 

289. Bond elections 

That the question whether bonds shall be issued, as pro- 
vided in section 1 of this chapter, shall be determined at an 
election to be held in the manner prescribed by law for hold- 
ing annual school elections. Notice therefor shall state the 
amount of bonds proposed to be issued, time they are to run, 
and purpose for which the money is to be used. The ballot 
must contain the words, "Bonds, yes," or "Bonds, no." If a 
majority of the votes cast at such election are "'Bonds, yes," 
the board of directors must issue such bonds : Provided, That 
if the amount of bonds to be issued, together with any out- 
standing indebtedness of the district, exceeds one and one-half 
per cent of the taxable property in said district, then three- 



STATE OF WASHINGTON I35 

filths of the votes cast at such election must be "Bonds, yes," 
before the board of directors are authorized to issue said bonds. 
The bonds shall be in such form as the board of directors may 
prescribe, and shall, with the coupons, be signed by the board 
of directors and countersigned by the clerk of the school dis- 
trict: Provided, That in school districts of the first class said 
bonds, with the coupons, shall be signed in the corporate name 
of the district by the president of the board of directors thereof 
and attested by the secretary of the board, except that said 
coupons may bear the lithograph signatures, only, of the said 
president and secretary ; in districts of the first class the cor- 
porate seal of the said district shall be affixed to each bond by 
the secretary thereof. (L. '09, p. 324, § 2; Rem. & Bal., 
§ 4608.) 

In determining whether these propositions for bonding are separate and dis- 
tinct from one another, the courts consider the object and purposes announced 
in the questions to be submitted, and if they are not found to be naturally re- 
lated and connected, they conclude that they are such as must be submitted 
separately. In our opinion the objects and purposes announced by these three 
propositions, viz., the erecting and furnishing a high school building, the gen- 
eral improvement of buildings in the district, and the refunding of an outstanding 
warrant indebtedness, are not naturally related or connected, so that they could 
not be properly submitted as one proposition, but each question should be set 
forth in c manner which would permit the electors to express their free and 
voluntary opinion upon each one separately. In this connection, we would sug- 
gest that the second proposition be more definitely set forth, as the object of 
submitting these questions to the voters is not only to secure from them their 
opinion upon the question of incurring the indebtedness, but also to secure from 
them their approval or disapproval of the objects sought to be attained. — Camp- 
bell. 

A less amount than voted cannot be issued. — Campbell. 

Separate and distinct propositions may be submitted at one election, and on 
the same ballot, as long as the voter has the opportunity to express himself 
separately on each one. — Campbell. 

Under Ballinger's Code, §2388, (Rem. & Bal., §4608), prescribing that the 
question of issuing school bonds to an election held in the manner of holding 
special elections, and under Ballinger's Code, § 2384, prescribing that special 
elections shall be called in the manner of calling annual elections, ten days' 
notice, posted in three places is sufficient notice of an election submitting the 
Issuance of school bonds : Luzader v. Sargeant, 4 Wash. 299. 

The registration law has no application to such elections : Id. 

The fact that a board of school directors has repeatedly called an election 
for authority to issue school bonds will not invalidate their issuance after an 
election has been held which granted necessary authority : Id. 

The fact that notice of election for the purpose of authorizing the issuance 
of bonds by a school district arbitrarily fixed the rate of interest at four per 
cent, instead of leaving the rate open to competition, would not invalidate the 
election : Parkinson v. Seattle School District, 28 Wash. 335. 



136 CODE OF PUBLIC INSTRUCTION 

290. Bonds shall be advertised 

When authorized and empowered to issue bonds, as pro- 
vided in sections 1 and 2 of this chapter, the board of directors 
shall, within thirty days after the date of election, certify the 
result to the county treasurer to which said school district 
belongs, who shall publish notice of the sale of such bonds, in at 
least one weekly newspaper published at the county seat, if 
there be one, for four consecutive issues, and publish such other 
notices as the board of directors may require. Said notices must 
give the amounts of bonds to be sold, the time to run, where 
payable, the option, if any, of the district to redeem, and also 
naming the hour and day for considering bids, and asking 
bidders to name price and rates of interest at which they will 
purchase such bonds or any of them. Such bonds shall be 
issued in denominations of not less than one hundred nor more 
than one thousand dollars ($1,000), and shall contain upon 
their face the date and series of issue, rate of interest, where 
payable, time to run, option, if any, of district to redeem, and 
the printed or lithographed statement that said bond is issued 
under the provisions of this act, and that the whole indebted- 
ness of said district does not exceed the constitutional limit. 
Each bond so issued must be registered by the county treasurer 
in a book to be kept for that purpose, which must show the 
number and such data as is necessary to secure a complete rec- 
ord of such bond, the series and amount of such bond, the per- 
son to whom the same is issued, the number of the district issu- 
ing, together with the names of directors signing the same ; and 
the said bond shall be endorsed by the treasurer, with his name 
and a full statement of the name of the person to whom sold, 
and when issued, together with the number and series of said 
bond: Provided, That in the case of joint school districts the 
bond or bonds shall be registered by the treasurer of each 
county in which any part of such joint school district shall lie. 
(L. '09, p. 325, § 3; Rem. & BaL, § 4609.) 

If no bids are received they must be re-advertised. — Bell. 
The directors of a consolidated district must accept the best bid submitted. 
— Campbell. 

A county treasurer, who is also ex-offlcio treasurer of a school district of 



STATE OF WASHINGTON I37 

his county, is not entitled to a commission or percentage for receiving and dis- 
bursing tlie proceeds of certain school bonds, of the district, whether he acted 
In the performance of such duties as treasurer of the county or of the district : 
School District v. Cole, 4 Wash. 395. 

Where a county treasurer, having in his possession the funds of a school 
district, refuses "for want of funds" to pay a proper warrant drawn upon him 
he is chargeable with interest on the whole fund in his hands from the date of 
his refusal to pay such warrant : Id. 

Under former laws, which provide that the county treasurer must make a 
call for bids wherein he shall ask bidders to name price and rates of interest, 
requiring such bonds to be sold to the person making the most advantageous 
offer, the failure of the treasurer in his notice to require bidders to name the 
rate of interest would be, in the absence of bad faith or oppression, but a mere 
irregularity, not affecting the validity of the bonds, where the bids accepted 
was for the face of the bonds with a premium which in effect decreased the In- 
terest rate named by the school district : Parkinson v. Seattle District No. One, 
28 Wash. 335. 

291. Sale of bonds 

At the time named in said notice it shall be the duty of said 
board of directors to meet with the county treasurer at his 
office, and with him open said bids, and sell said bonds, or any 
portion thereof to the person or persons making the most ad- 
vantageous offer: Provided, The bonds shall never be sold 
below par, and the board of directors may reject any and all 
bids, and at any time within two years of the election at which 
authority was granted to issue and sell said bonds, the board 
of directors may proceed to readvertise the sale of such bonds 
or any portion thereof as often as may be necessary, until the 
whole thereof shall be sold ; and such board may also require all 
persons bidding for such bonds, except the State of Washing- 
ton, to deposit one per centum of the par value of the bonds 
bid for on depositing with the treasurer their bids, and if the 
bidder fails to take and pay for the bonds for which he bid 
in case of their sale to him, the amount so deposited shall be 
forfeited to the school district ; otherwise to be returned to such 
bidder, and a resale of such bonds so refused to be taken may 
be made as if the bid for the same had been rejected. Upon 
the sale of the bonds, the board of directors shall, within ten 
days, or as soon thereafter as practicable, deliver the bonds, 
properly executed, to the county treasurer, taking his receipt 
therefor. The coimty treasurer shall, upon payment of the 
price agreed upon, deliver the same to the person or persons 
to whom sold, and place the moneys arising from such sale to 



133 CODE OF PUBLIC INSTRUCTION 

the credit of the general school fund of the district: Provided, 
That where the bonds have been sold for the purchase of 
school house site or sites, building one or more school houses 
and providing same with all necessary furniture, apparatus or 
equipment, or for any or all of these purposes, he shall place 
the money derived from such sale to the credit of the building 
fund of the district, and such fund is hereby created. Fees for 
advertising shall be deducted from the proceeds : Provided, 
That if the board of directors and the person or persons to 
whom the bonds are sold agree that the delivery of said bonds 
shall be in installments, the county treasurer shall hold said 
bonds, and deliver to purchasers only on written order of the 
board of directors to deliver at specified time the bonds desig- 
nated by number and series. (L. '11, p. 390, § 1.) 

292. May exchange warrants for bonds 

If bonds issued under this chapter are not sold as herein pro- 
vided, the holders of unpaid warrants drawn on the county treas- 
urer by such district for an indebtedness existing at the date 
of the election may exchange said warrants at the face value 
thereof and accrued interest thereon for coupon bonds issued 
under this chapter, at not less than par value and accrued in- 
terest of such bonds at the time of the exchange ; such exchange 
to be made under such regulations as may be provided by the 
board of directors of such district. (L. '09, p. 327, § 5 ; Rem. 
& Bal.. § 4611.) 

293. Joint school districts 

For the purposes of this chapter a joint school district shall 
be deemed as belonging to the county in vfhich the school house 
is located, if there be a school house, and if there be no school 
house, then it shall be deemed as belonging to the county in 
which the district owns a school house site that has been lawfully 
selected by the electors of the district. (L. '09, p. 327, § 6 ; 
Rem. & Bal., § 4612.) 

294. Levy for interest and sinking fund 

The county commissioners must ascertain and levy annually, 
in addition to the school district tax, the tax necessary to pay 



STATE OP WASHINGTON 



139 



the interest upon such bonds as it becomes due, and at the ex- 
piration of one-half of the time for which said bonds are to run, 
and annually thereafter, until full payment of said bonds is 
made, they shall levy, in addition to the tax required to pay the 
interest, such amount for sinking fund to meet the payments of 
said bonds at maturity, to be determined by dividing the amount 
of bonds outstanding by the remaining number of years to run, 
and the fund arising from such levy shall be kept as the bond 
redemption fund of said district, and each of said tax levies shall 
be a lien upon the property of said district, and must be collected 
in the same manner as the taxes for other school purposes : Pro- 
vided, That the county treasurer, when authorized to do so by 
the board of directors of any school district may invest any ac- 
cumulated or other sinking fund of said district in school, coun- 
ty or state warrants of the State of Washington, and all pro- 
fits accruing from such investment, and the funds so invested, 
shall revert to the sinking or other fund of said district, and the 
county treasurer shall be custodian of all warrants purchased 
by and with the said sinking fund, until the same are redeemed : 
And provided further. That the county treasurer, when author- 
ized to do so by the board of directors of any school district, may 
purchase and redeem any of the outstanding bonds of said dis- 
trict, paying for said bonds out of the accumulated sinking 
fund of the district; all revenues provided for in this section 
shall constitute a separate fund, to be known as the bond re- 
demption fund. (L. '11, p. 391, § 2.) 

It is the duty of the board of county commissioners, at the expiration of 
one-half the time the bonds of any district are to run, to levy, in addition to 
the taxes required to pay the interest on the bonds, an amount for a sinking 
fund to meet the payment of the bonds at maturity. Nothing is said about re- 
quiring the question to be submitted to the electors of the district. The provis- 
ions of § 294, Code of Public Instruction, are separate and distinct from the re- 
quirements of § 203, Code of Public Instruction. We are therefore of the opin- 
ion that the county commissioners must levy an amount sufficient to create a 
sinking fund. — Lyle. 

The county treasurer cannot lawfully transfer money from the bond redemp- 
tion fund to the building fund of a district to retire the outstanding warrants 
against the building fund. — Lyle. 

A special tax levy to pay the interest upon school district bonds, should be 
credited to the bond redemption fund. — Lyle. 



140 



COPE OF PUBLIC INSTRUCTION 



295. Commissioners to levy for joint districts 

In case of a joint school district, the county commission- 
ers of each and every county in which any part of such joint 
district shall lie, shall levy a tax as hereinbefore provided in sec- 
tion 6 of this chapter, and the treasurer of each county in 
which the school house or school house site is not situated shall at 
least five days before the time at which said bonds or the inter- 
est thereon must be paid, according to the conditions of the is- 
suance and sale thereof, transmit to the treasurer of the county 
in which the school house or school house site is situated (and to 
which the joint school district is construed to belong), all moneys 
in his possession derived from the tax provided for in this 
chapter ; and the county treasurer receiving such money shall 
receipt in duplicate to the treasurer or treasurers remitting such 
funds for such money ; and he shall also place the amount or 
amounts so received to the credit of the special bond fund or 
funds of the joint school district to which it properly belongs. 
(L. '09, p. S28, § 8; Rem. & Bal., § 4614.) 

296. Duty of county treasurer 

The county treasurer must pay out of moneys belonging to 
the credit of the fund of the school district created by section 
4613 [section 294 above], the interest upon any bonds issued 
under this chapter by such school district when the same be- 
comes due, at such place as may be designated in the coupons at- 
tached to said bonds, or upon the presentation at his office of 
said coupons, which must show the amount due and the number 
and series of the bond to which it belongs, and all coupons so 
paid must be immediately reported to the school directors. (L. 
'11, p. 392, § 3.) 

297. School directors must have bonds printed or lithographed 

The school directors of any district must cause to be printed 
or lithographed, at the lowest rates, suitable bonds, with coupons 
attached, when the same become necessary, and pay therefor 
out of the moneys in the county treasury to the credit of the 
school district. (L. '09, p. 329, § 10 ; Rem. & Bal., § 4616.) 



STATE OF WASHINGTON 



141 



298. School districts may refund bonds 

Whenever any school district in this state shall have hereto- 
fore, under any of the acts of the territorial or state legislatures 
then in force, lawfully issued any bonds, and the amount of said 
bonds so issued and negotiated did not, at the time of their issue, 
exceed the sum of five per centum of the taxable property of the 
said school district, it shall be lawful for the said school district 
to issue and exchange its bonds at a rate of interest not greater 
than that borne by the original issue of bonds, par for par, with- 
out any further vote of the school district than that theretofore 
had or required by existing law at the time of their issue, and 
said bonds shall in all respects conform to and be governed by 
the other provisions of this act. (L. '09, p. 329, § 11 ; Rem. & 
Bal., § 4617.) 

It is not necessary that an election be held before refunded bonds can be is- 
sued for the purpose of taking up bonds issued in 1892. — Ltle. 

299. School boards may exchange bonds for matured bonds 
Whenever any bonds lawfully issued by any school district 

under the provisions of this act shall reach maturity and shall 
remain unpaid, or may be paid under any option provided in the 
bonds, the board of directors thereof shall have the power to 
fund the same by issuing coupon bonds conformable to the re- 
quirements of this act and exchange the same par for par, for 
the outstanding bonds as aforesaid, without any further vote of 
the school district: Provided, That such bonds shall be issued 
in denominations of not less than one hundred dollars nor more 
than one thousand dollars, shall be redeemable within twenty 
years from date of issue, and shall draw a rate of interest not to 
exceed six per centum per annum. (L. '09, p. 329, § 12 ; Rem. 
&Bal., §4618.) 

Bonds shall not bear a higher rate of interest than six per cent., and a dis- 
trict cannot directly or indirectly pay more.- — Stratton. 

A valid bond indebtedness may be refunded by issuing new bonds. — Ltle. 

It is not necessary to hold an election for the purpose of taking up bonds of 
a former issue. — Ltle. 

300. Holder of bonds to notify county treasurer 

Every holder of any of the bonds so issued as provided in this 
act, shall within ten (10) days after he shall become the owner 



142 CODE OF PUBLIC INSTRUCTION 

or holder thereof, notify the county treasurer of the county in 
which such bonds are issued of his ownership, together with his 
full name and postofSce address, and the county treasurer of 
said county shall, in addition to the published notice hereinafter 
provided for, deposit in the postoffice, properly stamped and ad- 
dressed to each owner or holder of any such bonds subject to 
redemption or payment, a notice in like form, stating the time 
and place of the redemption of such bonds and the number of the 
bonds to be redeemed, and in case any owners of bonds shall fail 
to notify the treasurer of their ownership as aforesaid, then a 
notice mailed to the last holder of such bonds shall be deemed 
sufficient, and any and all such notices so mailed as aforesaid 
shall be deemed to be personal notice to the holders of such bonds, 
and at the expiration of the time therein named shall have the 
force to suspend the interest upon any such bonds. (L. '09, p. 
330, § 13 ; Rem. & Bal., § 4619.) 

301. County treasurer shall be paid for incidental expenses 

At any time after the issuance of such bonds, and in the dis- 
charge of the duties imposed upon said county treasurer, should 
any incidental expense, costs or charges arise, the said county 
treasurer shall present his claim for the same to the board of di- 
rectors of the school district issuing such bonds, and the same 
shall be audited and paid in the same manner as other services 
are paid under the provisions of law. (L. '09, p. 330, § 14; 
Rem. & Bal., § 4620.) 

302. Redemption of bonds 

Whenever the amount of any sinking fund created under the 
provisions of this act shall equal the amount, principal and in- 
terest, of any bond then due, or subject under the pleasure or 
option of said school district to be paid or redeemed, it shall be 
the duty of the county treasurer of the county in which the 
school district issuing such bonds is located, to publish a notice 
in the official newspaper of the county, if such a one there be, 
and if not, then in a newspaper of general circulation, that the 
said county treasurer will within thirty (30) days from the date 
of such notice, redeem and pay any such bond then redeemable or 



STATE OF WASHINGTON 



143 



payable, giving priority according to the date of issue numer- 
ically, and upon the presentation of any such bond or bonds 
the said treasurer shall pay the same; and in case that any 
holder of such bond or bonds shall fail or neglect to present the 
same at the time mentioned in said notice, or in the notice here- 
inbefore provided for, then the interest upon such bond or bonds 
shall cease and determine, and the treasurer of such county shall 
thereafter pay only the amount of such bond and the interest ac- 
crued thereon up to the day mentioned in said notice. When any 
bonds are so redeemed or paid, the county treasurer shall cause 
the same to be fully cancelled, and write across the face of such 
bonds the words "redeemed," with the date of redemption, and 
shall file the same with the county auditor as vouchers for the 
sum so paid. When bonds are held by the State of Washington 
advertising as contemplated and prescribed in this section shall 
be deemed unnecessary. (L. '11, p. 393, § 4.) 

CHAPTER 11— VALIDATION OF INDEBTEDNESS AND ISSUE OF 
BONDS THEREFOR 

303. Electors may validate indebtedness 

Any school district may validate and ratify the indebtedness 
of such school district, incurred for strictly school purposes, 
when the same together with all then outstanding legal indebted- 
ness does not exceed five per centum of the value of the taxable 
property in such school district. The value of taxable property 
in such school district shall be ascertained as provided in article 
eight, section six of the constitution of the State of Washington. 
(L. '09, p. 331, § 1 ; Rem. & BaL, § 4622.) 

Ballinger's Code, §§2398, 2405 (superseded by this chapter), prescribing the 
method of conducting special school elections for the validation of illegal in- 
debtedness, is a special act and it has no reference to an election to authorize 
the issuance of bonds for the purpose of erecting a high school building : Nichols 
V. School District, 39 Wash. 137. 

In a proceeding for an injunction to restrain the issuance of school district 
warrants authorized at a special election for the purpose of erecting a high 
school building, the final return of the canvassing board declaring the result, 
after canvassing the votes, regularly made, and not impeached for fraud, nor 
attacked in any proceeding to obtain a review thereof, is final and conclusive 
on the courts as to the number of votes cast : Id. 



144 CODE OF PUBLIC INSTRUCTION 

304. Resolution of board — Three-fifths vote 

Whenever the board of directors of any school district shall 
deem it advisable to validate and ratify the indebtedness men- 
tioned in section 1 of this chapter, they shall provide therefor by 
resolution, which shall be entered on the records of such school 
district, which resolution shall provide for the holding of an 
election for the purpose of submitting the question of validating 
and ratifying the indebtedness so incurred to the voters of such 
school district for a,pproval or disapproval, and if at such elec- 
tion three-fifths of the voters in such school district voting at 
such election shall vote in favor of the validation and ratification 
of such indebtedness, then such indebtedness so validated and 
ratified and every part thereof existing at the time of the 
adoption of said resolution shall thereby become and is hereby 
declared to be validated and ratified and a binding obligation 
upon such school district, when the only grounds of the prev- 
ious invalidity of such indebtedness so ratified and validated is 
that at the time of the attempted incurring thereof, the same, 
together with all other then existing indebtedness of such school 
district, exceeded one and one-half per centum of the taxable 
property in such school district, as provided in article eight, sec- 
tion six of the constitution of the State of Washington, and that 
such indebtedness was so attempted to be incurred without the 
assent of three-fifths of the voters of such school district voting 
at an election held for that purpose, as required by said constitu- 
tion. (L. '09, p. 331, § 2 ; Rem. & BaL, § 462S.) 

305. Posting and publishing notices 

At the time of the adoption of the resolution provided for in 
section 2 of this chapter, the board of directors shall direct the 
clerk or secretary of the board to give public notice of the time, 
place or places, and purpose of such election, and specifying 
the amount and general character of the indebtedness proposed 
to be ratified. Such clerk or secretary shall thereupon cause 
written or printed notices to be posted in at least five places in 
such school district, at least twenty days before such election. 



STATE OF WASHINGTON 145 

Said notice shall also be published for the same length of time in 
a daily newspaper, printed and published in such district, and 
if there be no such daily newspaper, then in a weekly newspaper, 
published in this state and of general circulation in the county 
where such school district is situated, in two regular issues of 
such weekly newspaper next preceding the day of such election. 
Said notices shall contain a copy of the resolution mentioned in 
section 2 of this chapter, the time of holding such election and lo- 
cation of polling place or places, a statement of the object of 
the election, and the form of the ballot adopted by the board to 
determine the question submitted to the voters, (L. '09, p. 332, 
§ 3; Rem. & Bal., § 4624.) 

306. The election 

Elections hereunder shall be by ballot, and conducted in the 
manner provided for conducting annual school elections. The 
ballot must contain the words, "Validating and ratifying in- 
debtedness, yes," or the words, "Validating and ratifying in- 
debtedness, no." Ballots containing the words, "Validating 
and ratifying indebtedness, yes," shall be counted in favor of 
validating and ratifying such indebtedness, and ballots contain- 
ing the words, "Validating and ratifying indebtedness, no," 
shall be counted against validating and ratifying such indebted- 
ness. As soon as the polls are closed at such election, the judge 
at each polling place shall count the votes, ascertain the result 
and certify the same and make return thereof, within two days 
after such election, to the board of directors of such district, by 
depositing the same, together with the ballots cast at such elec- 
tion, with the clerk or secretary of such board, and within five 
days after such election, or as soon as all the returns of such 
election are deposited as herein provided, the board of directors 
of such district shall meet and canvass and declare the result, 
and shall cause to be entered a minute thereof on the records of 
such district. The qualifications of voters at such election shall 
be the same as prescribed for the election of school officers. (L. 
'09, p. 332, § 4; Rem. & Bal. § 4625.) 



146 CODE OF PUBLIC INSTRUCTION 

307. Board of directors may issue bonds 

If the indebtedness of such school district is vahdated and 
ratified, as provided in this chapter, by three-fifths of the voters 
voting at such election, the board of directors of such school 
district, without any further vote, may borrow money and is- 
sue negotiable coupon bonds therefor. Bonds so issued shall 
bear a rate of interest not to exceed six per cent, per annum, in- 
terest payable semi-annually, payable and redeemable at such 
time and place as designated in the bonds, but not exceeding 
twenty years from date of issue. The bonds and coupons shall 
be in such form as the board of directors shall prescribe, and 
payable at such place as may be designated therein. In all 
school districts of the second or third class, said bonds, with the 
coupons, must be signed by the board of directors and counter- 
signed by the clerk of the school district. In school districts of 
the first-class said bonds, with the coupons, must be signed in 
the corporate name of the district, by the president of the board 
of directors thereof, and attested by the secretary of the board, 
except that the said coupons may bear the lithograph signa- 
tures of the said president and secretary. The seal of such dis- 
trict, if such district has a seal, shall be afiixed to each bond by 
the secretary thereof. The moneys arising from the sale of 
coupon bonds issued under this chapter shall be placed by the 
tieasurer of the county in a special fund to the credit of such 
school district existing at the time of the adoption of the reso- 
lution mentioned in section 2 of this chapter, not evidenced by 
negotiable bonds. (L. '09, p. 333, § 5. ; Rem. & Bal. § 4626.) 

308. Board shall deliver resolution to county treasurer 

When authorized to issue bonds, as provided in this chapter, 
the board of directors shall, at a meeting of such board, by reso- 
lution provide for the issuing of such bonds, prescribing their 
number, amount and term, and shall deliver a copy of said reso- 
lution to the county treasurer of the county in which such school 
district is situated or to which it belongs as provided in this 
act, who shall immediately advertise for sale said bonds, and the 
law relating to other school bonds shall govern, control and 



STATE OF WASHINGTON I47 

apply to bonds issued or sold under this chapter, except that 
bonds issued under this chapter shall not bear a greater rate of 
interest than six per cent, per annum, and they may be sold in 
such amounts or blocks as the board of directors may direct, 
and such board may also require all persons bidding for said 
bonds, except the State of Washington, to deposit one per cent, 
of the par value of the bonds bid for on depositing with the 
treasurer their bids, and if the bidder fails to take and pay for 
the bonds for which he bid, in case of their sale to him, the 
amount so deposited shall be forfeited to the school district, 
otherwise to be returned to such bidder, and a re-sale of such 
bonds so refused to be taken may be made as if the bid for the 
same had been rejected, and the money arising from the sale of 
the bonds issued under this chapter shall be applied as pro- 
vided in section 5 of this chapter. (L. '09, p. 334, § 6 ; Rem. 
& Bah, § 4627.) 

309. Boards may exchange bonds for warrants 

If bonds issued under this chapter are not sold as herein pro- 
vided, the holders of unpaid warrants drawn on the county 
treasurer by such district for an indebtedness existing at the 
time of the adoption of the resolution mentioned in section 2 of 
this chapter, may exchange said warrants at the face value 
thereof and accrued interest thereon for coupon bonds issued 
under this chapter, at not less than par value and accrued in- 
terest of such bonds at the time of the exchange ; such exchange 
to be made under such regulations as may be provided by the 
board of directors of such district. (L. '09, p. 334, § 7 ; Rem. 
& Bal., § 4628.) 

310. If bonds are not issued, special levy may be made 

When the board of directors shall have canvassed and de- 
clared the result of the election as prescribed in section 4 of 
this chapter, it shall, if the same shall have been in favor of 
vahdating and ratifying the indebtedness, immediately cause to 
be sent to the county treasurer of the count};- in which such dis- 
trict is situated, notice of the result of said election. The an- 
nual expense of such district shall not thereafter exceed the an- 



148 CODE OF PUBLIC. INSTRUCTION 

nual revenue thereof, and any officer of such district who shall 
knowingly aid in increasing the annual expenditure in excess of 
the annual revenue of such district shall be deemed to be guilty 
of misdemeanor, and shall be punished by a fine not exceeding 
five hundred dollars. If the indebtedness of such school district, 
excluding the bonded indebtedness existing before the adoption 
of said resolution, is not extinguished by the exchange of war- 
rants for bonds, or by the proceeds of the sale of bonds, as 
herein provided, then it shall be the duty of the board of di- 
rectors, thirty days before the regular annual tax levy, to certi- 
fy the amount of such indebtedness remaining unpaid to the 
board of county commissioners of the county in which such school 
district is situated, and said board of county commissioners, at 
the time of making the regular annual tax levy, shall annually 
levy a special tax on the taxable property of the district not to 
exceed three mills on the dollar on the valuation of such taxable 
property, which shall be collected as other taxes are collected, 
and the proceeds of such tax shall be a special fund for the pay- 
ment of the indebtedness of such district, not included in bonds, 
existing at the time of the adoption of the resolution mentioned 
in section 2 of this chapter. (L. '09, p. 335, § 8 ; Rem. & Bal. 
§ 4629.) 

In case any school district has heretofore incurred, or shall 
hereafter incur, indebtedness for strictly school purposes in ex- 
cess of one and one-half per cent., and less than five per cent, of 
the assessed valuation of property in such district, and has here- 
tofore, or shall hereafter, become merged in a district of the 
first class, the directors and clerk of the last named district may, 
after such merger, cause to be submitted to the voters within 
the limits of the district which incurred the obligations, the 
question of validating and ratifying such indebtedness. The 
vote shall be taken and the question determined in the manner 
prescribed in sections 4623, 4624 and 4625 (§§ 304, 305, 306, 
Code Pub. Ins.). The directors of the district of the first class 
shall make provision for payment of the indebtedness so vali- 
dated by certifying the amount thereof to the county commis- 



STATE OF WASHINGTON I49 

sioners for a special levy, in the manner prescribed in section 
4629 : Provided, Such district of the first class may pay a part, 
or all, of such validating indebtedness from any funds available 
or by issuing bonds therefor, under the following conditions : 
When such district of the first class has taken over property of 
any district without an adjustment and apportionment of prop- 
erty and of indebtedness, as provided in sections 4437 and 
4438, (§§ 118, 119, Code Pub. Ins.), the directors of the en- 
larged district shall make such adjustment and apportionment, 
as of the time of merger, and may pay such validated indebted- 
ness to the extent that the value of the property received shall 
be found to exceed the total indebtedness of the district an- 
nexed. (L. '13, p. 416, § 1.) 

See, supra, § 170, Code Pub. Ins., indebtedness not to exceed income. 

Laws of 1879, page 411, § 135, providing that illegal school warrants which 
have been validated by a vote of the school district should be paid, in case 
they had not been taken up by the issuance of funding bonds, only by a special 
tax levied for the purpose from year to year, and that the current revenues 
arising from the general school tax and fines should be applied exclusively to 
current expenses, is in no sense void as impairing the obligation of contracts : 
State ex rel. Dunn v. Dorsey, 19 Wash. 120. 

A complaint in an action to recover on school warrants does not state a cause 
of action when it appears therefrom that the invalidity of the warrants had 
been determined in a suit to which the present plaintiff was a party defend- 
ant, even though the judgment was upon the unintentional default of the de- 
fendant in the prior action : Seattle National Bank v. School District, 20 Wash. 
368. 

CHAPTER 12— CERTIFICATION OF TEACHERS 
Article I — General Provisions 
311. Certificates not invalidated 

Nothing in this act shall be construed to invalidate the life 
diplomas granted under the laws of the Territory of Washing- 
ton, or to invalidate any certificate or diploma heretofore granted 
in accordance with the laws of the State of Washington, but the 
same shall continue in effect in accordance with the provisions 
of the laws under which they were granted: Provided, That 
any third grade certificate, second grade certificate, first grade 
primary certificate, or first grade certificate, or any renewal, 
or any permanent certificate, in full force and effect at the time 
of the taking effect of this act shall, for the purpose of renewal, 
or for securing a certificate of higher grade, or for securing a 



150 CODE OF PUBLIC INSTRUCTION 

permanent certificate, or for any other purpose whatsoever, be 
of the same force and effect, and shall entitle the holder thereof 
to the same rights and privileges as he would be entitled to were 
he the holder of a certificate of like designation authorized by 
this act. (L. '09, p. 336, § 1 ; Rem. & Bal., § 4630.) 

The certification of qualification of teachers of "higher and special institu- 
tions" not being required under that portion of Laws of 1897, title IV, page 
427, devoted to such institutions, but it being the evident intent of the law 
that such certification shall apply only to teachers under the common-school 
system, one would not be incapable of entering into a contract to teach in one 
of the normal schools of the state by reason of not holding a teacher's certifi- 
cate : MacKenzie v. State, 32 Wash. 657. 

312. Certificates to be issued by Superintendent of Public Instruction 
All certificates and diplomas, except temporary certificates, 

and special certificates, shall be issued or countersigned by the 
Superintendent of Public Instruction. (L. '09, p. 336, § 2 ; 
Rem. & Bal., § 4631.) 

313. Tlie fee for any certificate to be one dollar 

The fee for any teacher's certificate or any renewal thereof, 
or any life diploma, or other instrument issued by authority 
of the State of Washington, and authorizing the holder to teach 
in the public schools of the state shall be one dollar. The fee 
must accompany the application and cannot be refunded unless 
the application is withdrawn before it is finally considered. The 
county superintendent, or other officer authorized to receive such 
fee, shall within thirty days transmit the same to the treasurer 
of the county wherein such applicant is to teach or resides, to be 
by him placed to the credit of the institute fund of said city or 
county : Provided, That if any city collecting fees for the certi- 
fication of teachers does not hold an institute separate from the 
county, then all such moneys shall be placed to the credit of the 
county institute fund. (L. '09, p. 336, § 3; Rem. & Bal., 
§ 4632.) 

314. Applicants must be at least eighteen years of age 

No person who is less than eighteen years of age shall receive 
a certificate to teach in the State of Washington nor take the 
examination for the same; nor shall any person less than nine- 
teen years of age receive any certificate other than a temporary. 



STATE OF WASHINGTON i^i 

a third grade, or a second grade. (L. '09, p. 337, § 4 ; Rem. & 
Bal., § 4633.) 

315. Good moral character and personal fitness 

Before registering any certificate, the county superintendent 
of the county in which application was made for certificate shall 
satisfy himself that the applicant is a person of good moral 
character and personal fitness. In the event of a refusal to 
register a certificate, the county superintendent shall immedi- 
ately notify the Superintendent of Public Instruction of his ac- 
tion and shall fully and clearly state his reasons therefor, and 
the person aggrieved shall have the right of appeal to the 
Superintendent of Public Instruction, and shall have the further 
right of appeal to the State Board of Education. (L. '11, p. 
50, § 1.) 

316. Credits of ninety per cent, or over 

Any person who receives credits of ninety per cent, or over 
in any subject or subjects at any regular teachers' examination 
in this state shall not be required to take an examination again 
in such subject or subjects in order to receive any certificate for 
which the applicant may be eligible to apply, so long as he is 
actively engaged in educational work. The holder of any com- 
mon school certificate shall be entitled to write on one or more 
subjects at any examination for the purpose of securing cred- 
its ; and when sufficient credits have been earned the proper cer- 
tificate shall be issued. (L. '09, p. 337, § 6 ; Rem. & Bal., 
§ 4635.) 

Teachers holding an elementary normal school certificate are not entitled to 
omit from examination those subjects in which they pass a grade of ninety 
per cent, or over, if they failed to secure a certificate to teach, even though they 
are engaged in educational work under their elementary certificate. — Ltlb. 

317. Evidence of successful experience 

Whenever evidence of successful experience is a prerequisite 
to the issuance or renewal of a certificate, it shall be deemed 
sufficient for the applicant to file evidence, satisfactory to the 
officer authorized to issue or renew the certificate, of having 
taught the required number of months and of being a successful 
teacher. The aforesaid documentary evidence of successful 



1^2 CODE OF PUBLIC INSTRUCTION 

teaching shall be kept on file in the office of the Superintendent 
of Public Instruction. (L. '11, p. 51, § 2.) 

318. Optional subjects 

The State Board of Education shall prepare a list of optional 
subjects for each grade above the second, from which the ap- 
plicants for certificates above the second grade may select as 
provided for in article IV of this chapter. (L. '09, p. 337, § 8 ; 
Rem. & Bal., § 4637.) 

319. Credits of ninety per cent, or over obtained in otiier states 

Credits of ninety per cent, or over on a valid certificate ob- 
tained by examination in any other state in which the examina- 
tion questions are prepared and answer papers graded by the 
state department of education may be accepted subject for sub- 
ject in accordance with the rules and regulations prescribed by 
the State Board of Education. (L. '11, p. 51, § 3.) 

320. Certificate must contain subjects 

Every certificate issued by authority of the State of Wash- 
ington shall have written or printed upon its face the subjects 
in which the holder has been examined, with standings in each, 
or the subjects or work upon which credits are given. (L. '09, 
p. 338, § 10; Rem. & Bal., § 4639.) 

321. Certificates entitle iiolder to teach in any county when registered 
All certificates issued by the Superintendent of Public In- 
struction shall be valid and entitle the holder thereof to teach 
in any county of the state upon being registered by the county 
superintendent thereof, which fact shall be evidenced by him on 

the certificate in the words, "Registered for use in 

county," together with the date of registry, and his official 
signature: Provided, That a copy of the original certificate or 
diploma duly certified by the Superintendent of Public In- 
struction may be used for the purpose of registry and endorse- 
ment in heu of the original. (L. '09, p. 338, § 11 ; Rem. & Bal., 
§ 4640.) 



STATE OF WASHINGTON I53 

Article II — Examinations 

322. Examination — Wliere and when held 

An examination for the certification of teachers of the State 
of Washington for third, second, first grade primary and first 
grade certificates shall be held at the county seat of each county 
by the county superintendent in accordance with the rules and 
regulations of the State Board of Education, on the second 
Thursday of May and December and the Friday and Saturday 
next following and on the last Thursday of August and the 
Friday and Saturday next following ; and for professional and 
life certificates on the above named days of May and August 
only: Provided, That any person taking any examination shall 
be authorized to teach until notified of the result of such ex- 
amination. (L. '09, p. 338, § 1 ; Rem. & Bal., § 4641.) 

323. County superintendents sfiall transmit manuscripts 

The county superintendent shall within three days following 
the close of the examinations provided for in section 1 of this 
article, transmit to the State Superintendent of Public Instruc- 
tion all papers written at such examination, together with such 
other reports as shall by him be required. The Superintendent 
of Public Instruction shall keep all manuscripts on file for a 
period of at least sixty (60) days. (L. '09, p. 338, § 2 ; Rem. & 
Bal., § 4642.) 

Article III — Classification of Common School Certificates and 

Diplomas 

324. Classification of certificates 

The certificates and diplomas granted by authority of the 
State of Washington, and authorizing the holders to teach in 
the public schools of this state shall be classified as follows : 

First — Common School Certificates and Diplomas. 

(a) Third Grade Certificates ; 

(b) Second Grade Certificates; 

(c) First Grade Primary Certificates; 

(d) First Grade Certificates ; 

(e) Professional Certificates ; 



154 CODE OF PUBLIC INSTRUCTION 

(f ) Permanent Certificates ; 

1. Permanent First Grade Primary Certificates; 

2. Permanent First Grade Certificates ; 

3. Permanent Professional Certificates ; 

(g) Life Certificates. 
Second — City Certificates. 

(a) City High. School Certificates ; 

(b) City Grammar School Certificates; 

(c) City Primary Certificates. 

Third — Certificates and diplomas of the Higher Institutions 
of Learning. 

(a) Of the Normal Schools ; 

(b) Of the State College of Washington; 

(c) Of the University of Washington. 
Fourth — Temporary Certificates. 

Fi/#/i— Special Certificates. (L. '09, p. 339, § 1 (art. 3) ; 
Rem. & Bal., § 4643.) 

Article IV — Common School Certificates and Diplomas 
325. Requirements for certificates 

The common school certificates and diplomas issued by author- 
ity of the State of Washington, the period for which each shall 
be valid and the qualifications required of applicants for the 
same shall be as follows : 

First. Third Grade Common School Certificates : Applicant 
shall pass an examination in reading, grammar, penmanship 
and punctuation, history of the United States, geography, arith- 
metic, physiology and hygiene, theory and art of teaching, or- 
thography, and Washington State Manual. This certificate 
shall be valid for one year : Provided, That the holder of a third 
grade certificate who shall, after the granting of the same, at- 
tend any accredited institution of higher education in this 
state for one year, shall upon application be granted a second 
grade certificate. 

Second. Second Grade Common School Certificates : Ap- 
plicant shall have credits in the same subjects as for a third 
grade common school certificate and shall take an examination 



STATE OF WASHINGTON I55 

in music. This certificate shall be valid for two years, but may 
be renewed, if, during the life of the certificate, the holder has 
complied with any one of the following conditions, to-wit: 1. 
An attendance of one semester at an accredited school of higher 
education, or of six weeks at an accredited summer school when 
satisfactory work was done in three subjects and certified to by 
the principal of such school. 2. Upon sixteen months of suc- 
cessful teaching. 

Third. First Grade Primary Certificates : Applicant must 
have taught at least forty-five months in the primary grades, 
and shall have credits in the same subjects as for a second grade 
certificate, and must also pass an examination in nature study, 
drawing, literature, and physical geography ; but the State 
Board of Education may accept other subjects in heu of two 
of the above subjects at the request of the applicant, as pro- 
vided in section 8 of article 1 of this chapter. This certificate 
shall authorize the holder to teach in the primary grades only 
and shall be valid for five (5) years, and may be renewed for 
a like period if application is made not later than ninety (90) 
days after certificate expires, and if, during the life of the cer- 
tificate the holder has complied with any one of the following 
conditions, to-wit: 1. An attendance of one year at an accred- 
ited institution of higher learning during the life of the certi- 
ficate when satisfactory work was done in three subjects and 
certified to by the principal or president of such school ; 2. Suc- 
cessful teaching for not less than twenty-four (24) months dur- 
ing the life of the certificate. Any renewal may be renewed in 
like manner. 

Fourth. First Grade Certificates : Applicant must have 
taught at least nine (9) months and shall have credits in the 
same subjects as for a second grade certificate, and also in 
physics, English literature, algebra and physical geography. 
The State Board of Education may accept other subjects in 
lieu of two of these upon request of the applicant, as hereinbe- 
fore provided. Applicant must secure the same number of cred- 
its as for a first grade primary certificate. This certificate shall 



156 CODE OF PUBLIC INSTRUCTION 

be valid for five (5) years and may be renewed in the same 
manner and under the same conditions as a first grade primary 
certificate. 

Fifth. Professional Certificates : Applicant shall meet all 
the requirements for a first grade certificate, but must have 
taught successfully twenty-four (24) months, at least eight (8) 
months of which must have been in the State of Washington. 
He shall also pass an examination in plane geometry, geology, 
botany, zoology, and civil government: Proinded^ That the 
State Board of Education may accept other subjects in lieu of 
any or all of these upon the request of the applicant, as herein- 
before provided. This certificate shall be valid for five (5) 
years and may be renewed in the same manner and under the 
same conditions as a first grade certificate. 

Sixth. Permanent Certificates : Applicant must be the hold- 
er of a first grade primary certificate, a first grade certificate, 
or a professional certificate, or a renewal of any one of them, 
in full force and effect, and must have taught successfully not 
less than seventy-two (72) months, nor less than thirty-six 
(36) months in the State of Washington, nor less than 
eighteen (18) months subsequent to the granting of the cer- 
tificate upon which the application is made. Upon filing sat- 
isfactory evidence of having met these requirements, together 
with the v^ritten endorsement of the county superintendent, 
a permanent certificate shall be issued of the same grade as 
that held by the applicant, valid during the life of the holder 
unless revoked for cause. 

Seventh. Life Certificates : Applicant must file with the Su- 
perintendent of Public Instruction evidence of having taught 
successfully for forty-five (45) months, not less than twenty- 
seven (27) months of which shall have been in this state. He 
must have the credits required for professional certificates and 
in addition shall pass an examination in the following, to-wit : 
psychology, history of education, bookkeeping, composition, 
general history : Provided, That the State Board of Education 
may accept other subjects in lieu thereof upon request of the 



STATE OF WASHINGTON I57 

applicant. This certificate shall be valid during the life of the 
holder unless revoked for cause. (L. '11, p. 51, § 4.) 

Article V — City Certificates 
326. Board of examiners — Powers and duties 

In any city of this state in which one hundred or more 
teachers are employed in the city schools, if the board of di- 
rectors in such city shall so determine, there shall be a board of 
examiners, consisting of the city superintendent of schools and 
two other members having practical experience as teachers, resi- 
dents of said city, to be designated as associate examiners. The 
associate examiners shall be elected by the board of directors 
at their regular meeting in July annually, and shall hold office 
for one year, but no candidate for examination as a preliminary 
to teaching in the public schools shall be an associate examiner. 
The city superintendent of schools shall be chairman of the 
board of examiners. The board of examiners shall meet and hold 
examinations for the granting of teachers' certificates on such 
occasions only as may be authorized by the board of directors. 
Such board of examiners shall have power : 

1. To adopt rules and regulations, not inconsistent with the 
laws of this state or the rules of the State Board of Education, 
for its own government and for the examination of teachers and 
to fix standards of proficiency for the granting and renewing of 
certificates, subject to the approval of the board of directors. 

2. To prepare questions on the various subjects prescribed 
by law and examine by written or oral examination all candi- 
dates for the following certificates : 

(a) A city high school certificate, valid for one year only, 
unless renewed, and authorizing the holder to teach or serve as 
principal in any primary, grammar, or high school in such city. 

(b) A city grammar school certificate, valid for one year 
only unless renewed, and authorizing the holder to teach in any 
primary or grammar school, or serve as principal in any pri- 
mary school in such city. 

(c) A city primary certificate, valid for one year only, unless 



158 CODE OF PUBLIC INSTRUCTION 

renewed, and authorizing the holder to teach in any primary 
school in the city. 

The board of examiners shall report the result of all exam- 
inations to the board of directors, who, through the president 
and secretary thereof, shall issue to the successful candidates 
the certificates to which they are entitled; and the board of di- 
rectors shall report a list of certificates issued to the State Su- 
perintendent of Public Instruction and to the county superin- 
tendent of the county in which the city is located. 

3. To recommend to the board of directors renewals of the 
"various renewable certificates, in accordance with such regula- 
tions as they may adopt, or as may be prescribed by the board 
of directors ; whereupon said board of directors, through Its 
president and secretary, may renew such certificates from year 
to year. (L. '09, p. 342, § 1 ; Rem. & Bal., § 4645.) 

327. Qualifications of applicants 

No certificate of permission to teach shall be issued to any 
person not eighteen years of age. No certificate shall be granted 
to any person whose moral character or habits are known by the 
board of examiners or board of directors to be bad, or who is 
afflicted with a serious infectious or hereditary disease. No 
certificate shall be granted by the board of directors or upon its 
authority except to successful candidates in a regular or spe- 
cial examination conducted by the board of examiners in ac- 
cordance with the provisions of the law. (L. '09, p. 343, § 2 ; 
Rem. & Bal., §4646.) 

328. Primary and grammar certificates 

City primary and city grammar certificates shall be granted 
only to applicants who are found upon examination to have a 
practical knowledge of pedagogics, school management and the 
general school system of the State of Washington, and to be 
proficient in and qualified to teach the following branches : 
reading, writing, spelling, English grammar, geography, arith- 
metic, physiology and hygiene, United States history, and such 
other English branches as the board of directors may prescribe : 
Provided, That the examination of applicants for such certifi- 



STATE OF WASHINGTON I59 

cates shall be specially adapted to discover their fitness to teach 
all branches named to pupils of primary or grammar grades 
respectively. (L. '09, p. 344, § 3 ; Rem. & Bal., § 4647.) 

329. High school certificates 

City high school certificates shall be granted only to appli- 
cants who pass satisfactorily the examination required for gram- 
mar certificates and in addition thereto sustain a satisfactory ex- 
amination in civil government, physical geography, elementary 
physics, algebra, botany, and such other branches as the board 
of directors may prescribe. (L. '09, p. 344, § 4 ; Rem. & Bal., 
§ 4648.) 

330. Exemptions from examinations 

Holders of normal diplomas and holders of state diplomas or 
state certificates or any certificate authorized by the laws of 
the State of Washington shall be exempt from all further exami- 
nations during the terms of validity of such certificates as pro- 
vided by law. Teachers engaged in the exclusive teaching of 
music, foreign languages, drawing, penmanship, kindergarten, 
manual training, domestic science and physical culture shall be 
exempt from all examinations except such as pertain to the 
special departments over which they preside. (L. '09, p. 344, 
§ 5; Rem. & BaL § 4649.) 

331. Special certificates 

Special certificates shall be granted only to applicants who 
pass satisfactorily the examination in a special or departmental 
subject (such as music, foreign language, drawing, penman- 
ship, kindergarten, manual training, domestic science, physical 
culture, etc.), and such other subjects as are calculated to dis- 
cover applicants' fitness to teach in public schools. (L. '09, 
p. 344, § 6; Rem. & Bal., § 4650.) 

Article VI — Certificates and Diplomas of the Higher Institutions 

OF Learning 

332. Papers to be issued according to law 

Certificates and diplomas of the normal schools, of the State 
College of Washington, and of the University of Washington 



IQQ CODE OF PUBLIC INSTRUCTION 

shall be granted as provided by law. (L. '09, p. 345, §1 (art. 
6) ; Rem. & Bal., § 4651.) 

333. Temporary certificates 

Temporary certificates shall be issued in accordance with 
the rules and regulations of the State Board of Education. (L. 
'11, p. 54, §5.) 

Article VIII — Special Ceetuficates 

334. Sliaii be granted, to whom 

Special certificates shall be issued by the county superintend- 
ent, or city superintendent if in a city, to applicants who show 
by examination or otherwise satisfactory evidence of fitness to 
teach special subjects, such as music, foreign languages, art, 
manual training, penmanship, kindergarten, domestic science, 
typewriting, stenography, physical culture, etc. Special cer- 
tificates shall be valid so long as the holder continues to teach 
in the city or county where granted, unless revoked. (L. '09, 
p. S45, § 1 (art. 8) ; Rem. & Bal., § 4653.) 

Article IX — Revocation of Certificates 

335. IViay be revol<ed by autliority wFiicii issued it 

Any certificate to teach named in this act may be revoked by 
the authority authorized to grant same upon complaint of any 
superintendent for immorality, violation of written contract, 
intemperance, crime against the law of the state, or any un- 
professional conduct, after the defendant has been given an 
opportunity to be heard. (L. '09, p. 345, § 1 (art. 9) ; Rem. 
& Bal., § 4654.) 

Mere inconsiderate language or slight impropriety of conduct of a teacher, 
not involving moral turpitude, in endeavoring to secure a first grade certificate, 
is not such "suflicient cause," for the revocation of valid certificates held by 
her : Browne v. Oear, 21 Wash. 147. 

Where a teacher is re-elected for the ensuing year, and thereafter expresses 
her gratification to the secretary of the board that she is to have her same work, 
and during vacation consults with the principal, at his request, in regard to 
her proposed work, acceptance on her part is sufficiently shown, and the dis- 
pensing with her services subsequently upon abolishing the line of work she 
had conducted, without giving her an opportunity to accept or refuse other work 
in the school, amounts to a breach of contract : MacKenzie v. State, 32 Wash. 
667. 



STATE OF WASHINGTON Igj 

336. Penalty for revocation 

In case any certificate is revoked, the holder shall not be eligi- 
ble to receive another teacher's certificate for a period of twelve 
months after the date of revocation. (L. '09, p. 346, § 2 ; Rem. 
& Bal., § 4655.) 

337. Right of appeal 

Any teacher whose certificate to teach has been revoked, as 
provided in the preceding sections, and feeling aggrieved at 
such revocation, shall have the following right of appeal : 

First. To the Superintendent of Public Instruction when- 
ever the certificate has been revoked by the county superintend- 
ent. 

Second. To the State Board of Education when the certifi- 
cate has been revoked by the Superintendent of Public Instruc- 
tion. 

Third. To the State Board of Education when the certifi- 
cate has been revoked by the faculty of the State University, the 
State College or the normal schools. 

Fourth. An appeal under the provisions of this act to the 
State Superintendent shall operate as a stay of proceedings for 
a period of thirty (30) days, and an appeal to the State Board 
of Education shall operate as a stay of proceedings till the next 
regular or special meeting of said board. (L. '09, p. 346, § 3 ; 
Rem. & Bal., § 4656.) 

CHAPTER 13 
Article I — General Elections 

338. General elections — When held 

The election of school district directors shall, except as oth- 
erwise provided by law, be held on the first Saturday in March 
of each year, at the district school house, if there be one, or if 
there be none, or more than one, then at one or more places to 
be designated by the board of directors. Special school elec- 
tions shall be called and conducted in the manner provided for 
calling and conducting annual elections. In districts in which 
elections are held in more than one voting place, the clerks of 

the election shall forward the election returns to the clerk of 
—6 



Ig2 CODE OF PUBLIC INSTRUCTION 

the board of school directors, who shall canvass the vote on 
the Saturday following the election, declare the result and issue 
certificates of election. (L. '13, p. 348, § 1.) 

339. Notices of election 

The district clerk must give at least ten days' notice of such 
school election, by posting or causing to be posted, written or 
printed notices thereof in at least three public places in the 
district, one of which must be the place of holding the election. 
Said notice must designate the place of holding the election, 
day of holding the election, hours between which the polls are 
to be kept open, names and offices for which persons are to be 
elected, and terms of office, with a statement of any other 
questions which the board of directors may desire to submit 
to the electors of said district. Notices must be signed by the 
district clerk "By order of the board of directors." Unless 
otherwise designated in the notice of election, the polls shall 
be open at one o'clock in the afternoon and close at eight o'clock 
in the afternoon, but the board of directors may, in districts 
of the second or third class, previous to giving notice of elec- 
tion, determine on an hour before eight o'clock for closing, but 
they must not be closed earlier than four o'clock in the after- 
noon. In no case shall the polls be opened before the hour 
named in the notice, nor kept open after the hour fixed for 
closing the polls, but if there is not a sufficient number of electors 
present at the hour named for opening the polls to constitute 
a board of election, it shall be lawful to open the polls as soon 
thereafter as a sufficient number of electors is present, (L. '09, 
p. 346, § 2; Rem. & Bal., § 4658.) 

On appeals from a judgment ousting the appellant from the office of school 
clerk, he is entitled to file a bond staying proceedings pending the appeal and 
it is the duty of the trial judge to order and fix the amount thereof : State v. 
Sachs, 3 Wash. 96. 

If notice of election, published by the clerk of a school district, notified the 
electors that the polls would be open until 7 p. m., instead of 8 p. m., as re- 
quired by statute, the clerk being himself a candidate, cannot take advantage of 
his own error : State v. Smith, 4 Wash. 661. 

Elections for the purpose of authorizing an increase of a debt limit of 
school districts may properly be held under the general provisions of law con- 
cerning the holding of annual and special school elections : Holmes & Bull F. 
Co. V. Hedges, 13 Wash. 696. 



STATE OF WASHINGTON ^qq 

340. Organization of election board 

At the hour fixed for opening the polls the electors present 
shall select two electors to act as judges of the election and one 
elector to act as clerk of the election, and the three selected 
shall constitute the election board ; and no election shall be held 
unless an election board is so constituted and qualified. The 
judges and clerk aforesaid shall, before entering upon the duties 
of their ofiice, severa.lly take and subscribe an oath or affirma- 
tion faithfully to discharge the duties of such officers of elec- 
tion, said oath or affirmation to be administered by any school 
officer or any other person authorized to administer oaths. The 
judges shall, before they commence receiving ballots, cause to 
be proclaimed aloud at the place of voting that the polls are now 
open. (L. '09, p. 347, § 3 ; Rem. & Bal., § 4659.) 

341. Must vote by ballot 

The voting shall be by ballot. The ballots shall be of white 
paper of uniform size and quahty, containing the names of 
the persons for whom the electors intend to vote, and desig- 
nating the office to which such person so named is intended by 
him to be chosen. Whenever any person offers to vote, one of 
the judges shall pronounce his name in an audible voice, and 
if there be no objection to the qualifications of such person as 
an elector, he shall receive the ballot in the presence of the 
election board and deposit the same without being opened or 
examined in the ballot box, and the clerk shall immediately 
enter the name upon the list headed "Names of voters." (L. 
'09, p. 347, § 4; Rem. & Bal., § 4660.) 

In a school Dond election, a ballot so printed on a narrow slip of paper that 
it may be torn in the middle, leaving the voter to deposit one-half with the 
words "Bonds, Yes" or "Bonds, No," is sufficiently regular in form, under the 
statute requiring the ballots to contain the words "Bonds, Yes," or "Bonds, 
No," where the voter can so fold the portion voted as to preserve the secrecy 
of the vote : Kinder v. School District No. 126, 68 Wash. 410. 

342. Qualifications of voters 

Every person, male or female, over the age of twenty-one 
years, who shall have resided in the school district for thirty 
days immediately preceding any school election, and in the state 



Ig4 CODE OF PUBLIC INSTRUCTION 

one year, and is otherwise, except as to sex, qualified to vote at 
any general election, shall be a legal voter at any school elec- 
tion, and no other person shall be allowed to vote: Provided, 
That registration for purposes of school election shall not 
be required except in school districts of the first class. Per- 
sons offering to vote may be challenged by any legally qualified 
school elector of the district, and one of the judges of election 
shall thereupon, before receiving his vote, administer to the 
person challenged an oath in substance as follows : "You do 
swear, (or afl'irm) that you are a citizen of the United States, 
that you are twenty-one years of age, according to your in- 
formation and belief, and that you have resided in this district 
thirty days next preceding this election, and in the state one 
year, and that you have not voted before on this day." If he 
shall refuse to take the oath, his vote will be rejected. Any per- 
son guilty of illegal voting shall be punished as provided in the 
general election laws of the state. (L. '09, p. 348, § 5 ; Rem. 
& BaL, § 4661.) 
343. Closing of polls — Counting of ballots 

When the polls are closed, proclamation thereof shall be made 
at the place of voting, and no vote shall be afterward received. 
As soon as the polls are closed the judges shall open the ballot 
box and commence counting the votes, and in no case shall the 
ballot box be removed from the room in which the election is 
held until all the votes are counted. The counting shall be in 
public. The ballots shall be taken out one by one, by one of 
the judges, who shall open them and read aloud the name of 
each person contained therein, and the office for which such 
person was voted for. The clerk shall write down each office to 
be filled and the name of such person voted for such oflUce, and 
shall keep the number of votes by tallies as they are read aloud 
by one of the judges. The counting of the votes shall continue 
without adjournment until all the votes are counted. No ticket 
shall be rejected on account of form or mistake in the initials, or 
spelling of names, if the judges can determine to their satis- 
faction the person voted for and the office intended. After 



STATE OF WASHINGTON 165 

the result of the election is duly canvassed and officially de- 
clared, the clerk of the election shall forward the poll sheet 
thereof to the county superintendent, who shall preserve the 
same on file in his office. (L. '09, p. 348, § 6; Rem. & Bal., 
§ 4662.) 

The successful candidate having received six hundred and fifty votes as 
against two hundred and eighty for the defeated candidate, the latter must al- 
lege and prove, in order to overthrow the election, that had the polls been kept 
open until 8 p. m. the result would have been different : State v. Smith, 4 
Wash. 661. 

In a proceeding for an injunction to restrain the issuance of school district 
warrants, authorized at a special election for the purpose of erecting a high 
school building, the final returns of the canvassing board, declaring the result, 
after canvassing the votes, regularly made and not impeached for fraud, 
nor attacked in any proceeding to obtain a review thereof is final and conclu- 
sive on the courts as to the number of votes cast : Nichols v. School District, 39 
Wash. 137. 

344. Persons having highest number of votes elected 

Persons having the highest number of votes given for each 
office shall be declared duly elected, and the clerk of election 
shall immediately make out and deliver to each person so elected 
a certificate of election. The clerk of election shall also make 
out a certificate showing the persons elected to each office at 
such election, with oaths of office of persons elected attached, 
and mail such certificates and oaths to the superintendent of 
schools of the county in which the election is held. If two 
persons have an equal and highest number of votes for one and 
the same office, they shall, within ten days after the election, 
appear before the clerk of election of said district and publicly 
decide by lot which of the persons so having an equal number 
of votes shall be declared elected, and the clerk of election shall 
make out and deliver to the person thus declared elected a 
certificate of his election, and notify the county superintendent 
of the county as before provided. If the persons above named 
do not, within ten days after election, thus decide, the office 
shall be declared vacant by the clerk of election, and the county 
superintendent shall, when notified of the vacancy, fill the same 
by appointment. (L. '09, p. 349, § 7; Rem. & Bal., § 4663.) 

I do not know of any law that authorizes the county superintendent to set 
aside an election and appoint school oflicers in place of those certified to be 
elected by the election board. The general law provides how elections may be 
contested, and these provisions in my opinion apply to school as well as to 
other oflScers. — Bell. 



IQQ CODE OF PUBLIC INSTRUCTION 

Article II — Special Meetings 

345. Board may call special meeting of electors 

Any board of directors may, at its discretion, and shall, 
upon a petition of a majority of the legal voters of their dis- 
trict, call a special meeting of the voters of the district, to 
determine the length of time in excess of the minimum length 
of time prescribed by law that such school shall be maintained 
in the district during the year; to determine whether or not 
the district shall purchase any school house site or sites, and 
to determine the location thereof ; or to determine whether or 
not the district shall build one or more school houses ; or to 
determine whether or not the district shall maintain one or mor.; 
free kindergartens ; or to determine whether or not the district 
shall sell any real or personal property belonging to the dis- 
trict, borrow money or establish and maintain a school district 
library. (L. '09, p. 349, § 1; Rem. & BaL, § 4664.) 

A district cannot, after having once located its school house site, sell such 
site by majority vote, and then purchase another site by majority vote. — Bell. 
' Directors have no right to convey a right of way without a vote of said 
board. — Lylb. 

There is an implied power for a school district to issue warrants against a 
building fund for the purpose of constructing school houses. — -Lylb. 

The directors present at any special meeting of their district are authorized 
to adopt any form of procedure relating to the easting and counting of votes 
cast on any question covered by section 4664, Rem. & Bal. Code, (§ 345, Code of 
Public Instruction) but that the voting must be by ballot, and the ballots must 
be of white paper and of uniform size and quality. — Lylb. 

Rem. & Bal. Code, § 4464, providing that a school election for the purchase 
of school grounds shall be by ballot, is directory only, and the election is not in- 
validated by the fact that a standing vote was taken, in the absence of evidence 
that the election did not fairly represent the will of the electors : State ex rel. 
School District No. 56 v. Superior Court, 69 Wash. 189. 

346. The meeting, iiow, when and where held 

All such special meetings shall be held at the school house, if 
there be one, or if there be none, or more than one, then at such 
school house or place as the board of directors may determine. 
The voting shall be by ballot, the ballots to be of white paper 
of uniform size and quality. At least ten days' notice of such 
special meeting shall be given by the district clerk in the man- 
ner that notice is required to be given of the annual school 
election, which notice shall state the object or objects for which 
the meeting is to be held, and no other business shall be trans- 



STATE OP WASHINGTON lg*Y 

acted at such meeting than such as is specified in the notice. 
The district clerk shall be clerk of the meeting, and the chair- 
man of the board of directors or, in his absence, the senior 
director present, shall be chairman of the meeting: Provided, 
That in the absence of one or all of said officers, the qualified 
electors present may elect a chairman or clerk, or both chair- 
man and clerk, of said meeting as occasion may require, from 
among their number. The clerk of the meeting shall make a 
record of the proceedings of the meeting, and when the clerk 
of such meeting has been elected by the qualified voters pres- 
ent, he shall within ten days thereafter, file the record of the 
proceedings, duly certified, with the clerk of the district, and 
said records shall become a part of the records of the district, 
and be preserved as other records. (L. '09, p. 350, § 2 ; Rem. 
& BaL, § 4665.) 

347. Board must obey directions 

It shall be the duty of every board of directors to carry out 
the directions of the electors of their districts as expressed at 
any such meeting. (L. '09, p. 350, § 3; Rem. & Bal., § 4666.) 

Article III — Elections in Districts of the First Class 

348. Notices of election 

The regular district election in each district of the first class 
shall be held upon the first Saturday of December in each year. 
The board of directors shall cause written or printed notices 
to be posted, specifying the day and place of such election, and 
the time during which the ballot box will be kept open. Said 
notices shall be posted in at least one place in each ward in the 
district at least twenty days previous to the time of election. 
Said notices shall also be published three times in two daily 
papers published in the district, and if there be no daily or 
dailies, then in the weekly paper or papers in three regular is- 
sues next preceding the day of such election. If the board of 
directors fail to give notice at such time, as herein provided, 
then any five legal voters residing in the district may give such 
notice over their own title for such election. (L. '09, p. 351, 
§ 1 ; Rem. & Bal., § 4667.) 



168 CODE OF PUBLIC INSTRUCTION 

349. All elections to be by ballot 

All elections shall be by official ballot and the polls shall be 
opened at one o'clock p. m., and be closed at eight o'clock p. m. 
The official ballot shall be printed and furnished by the board 
of directors, and shall contain the names of all candidates whose 
names have been presented by petitions filed with the secretary 
of the board not less than ten days before the day of election. 
The names of no other candidates shall appear upon said offi- 
cial ballots, and no other ballots shall be received or counted. 
(L. '09, p. 351, § 2; Rem. & Bal., § 4668.) 

350. Voting places 

It shall be the duty of the board of directors to provide one 
or more voting places in each district : Provided, There shall 
not be more voting places in any district than the number of 
school houses located in such district. The board shall also 
appoint two judges and one clerk for each voting precinct. 
Both judges and clerk shall be quahfied electors in the precinct 
for which they are appointed. Should any judge or clerk be 
absent at the time for opening the polls, the electors present 
shall appoint a legal voter to fill such vacancy. (L. '11, p. 
503, §1.) 

351. Qualifications of voters 

Only those persons, male and female, who have complied with 
the laws governing registration in districts of the first class, 
shall be permitted to vote, and no person shall be entitled to 
vote at said election except in the ward in which he or she re- 
sides : Provided, That any elector of said district who has 
duly registered as a voter at any general election in said dis- 
trict shall be allowed to vote at the next succeeding school elec- 
tion held the same year without registration. (L. '09, p. 351, 
§ 4; Rem. & Bal., 4670.) 

352. City clerk must furnisPi registration books 

The city clerk or other municipal officer in whose custody the 
registration books of the general election are kept shall fur- 
nish to the secretary of the board, on the morning of the day 
of any school election, the registration books of said city or a 



STATE OF WASHINGTON IQQ 

copy thereof, which said registration books shall be returned 
within two days after said election. (L. '09, p. 352, § 5 ; Rem. 
& BaL, § 4671.) 

353. Board of directors shall canvass returns 

The board of directors shall, upon closing the polls, receive 
the returns at the time and the place it shall direct, and shall, 
within five (5) days from said election, meet as a canvassing 
board, and in the presence of any duly qualified justice of the 
peace in and for said county, canvass the returns and ascertain 
the result. The result of said election shall be certified by the 
board of directors to the county school superintendent, who 
shall preserve said certificate, entering upon his records the 
receipt of said certificate and the names of the person or per- 
sons elected as members of such board of directors for said dis- 
trict, together with the term for which elected. (L. '09, p. 
352, § 6; Rem. & BaL, § 4672.) 

Article IV — Registration of Voters in School Districts of the 

First Class 

354. Who must register 

Every person residing in any. portion of a school district 
of the first class, which lies without the limits of any incorporated 
city, who is not required to register to vote at a general elec- 
tion held therein shall not be entitled to vote at any school elec- 
tion, either general or special, to be held in any such district 
of the first class unless he or she shall have previously complied 
with the requirements as to registration as in this act provided. 
(L. '11, p. 501, §1.) 

355. Secretary must register voters 

The secretary of the board of directors in each district sub- 
ject to the provisions of this act shall keep the books of regis- 
tration herein provided for, and shall register therein the names 
of all duly qualified voters in his district, on application, in the 
manner and at the times here specified. (L. '09, p. 352, § 2 ; 
Rem. & Bah, § 4674.) 



170 CODE OF PUBLIC INSTRUCTION 

356. School board must furnish books and blanks 

The board of directors of each district subject to the pro- 
visions of this act shall furnish the secretary of such board, at 
the expense of the district, all blanks and books of registration 
and shall furnish, at the expense of their respective districts, 
all funds necessary for carrying out the provisions of this act. 
(L. '09, p. 352, § 3; Rem. & Bal., § 4675.) 

357. When and where books shall be opened 

The books of registration shall be opened for the purpose of 
registration, at the office of the secretary of the board of the 
district, on each day between the hours of 9 o'clock a. m. and 
4 o'clock p. m., except on legal holidays, and they shall be 
closed and no names shall be registered therein during the five 
days preceding any special or general election held in such dis- 
trict. The secretary of the board shall give notice of the clos- 
ing of the books of registration in his district by notice pub- 
lished in a newspaper of general circulation, published in his 
district, at least ten days before the day for closing said books. 
(L. '09, p. 353, § 4; Rem. & Bal., § 4676.) 

358. Books may be opened at convenient places 

For a period of thirty days preceding the closing of regis- 
tration books for any election, the books may be opened at a 
convenient place in the district for the registration of voters, 
which places must be designated by the board of directors, and 
during a period of ten days immediately preceding the closing 
of such books they shall be kept open until seven o'clock each 
evening, and they may be kept open until a later hour by order 
of the board of directors. (L. '09, p. 353, § 5 ; Rem. & Bal., 
§4677.) 

359. Registration only once in year 

Registration shall not be required more than once in each 
year. All persons who are duly qualified electors under the 
provisions of this act, who reside in any portion of a school dis- 
trict of the first class outside of the limits of any incorporated 
city and who are 'not required to register to vote at a general 
election shall be entitled to registration on application to the 



STATE OF WASHINGTON 



171 



secretary of the board of directors of the district in which they 
reside: Provided, Such elector shall have been a resident of 
the state for one year, of the county ninety days, and of the 
voting precinct thirty days prior to the next general or spe- 
cial election to be held in such district. No person shall vote at 
any such election except in the precinct where he or she has re- 
sided for the length of time above specified. (L. '11, p. 501, 

360. Outside voting precincts 

Wherever the whole or any portion of such district of the first 
class shall lie without the limits of any incorporated city the 
board of directors of such district shall sub-divide such outlying 
territory into voting precincts so that each precinct shall con- 
tain, as near as may be, five hundred inhabitants, and after the 
boundaries of such precincts shall have been established, said 
territory shall not be redistricted oftener than once in three 
years, and not then unless one or more of the precincts thereof 
shall have attained a population of more than five hundred in- 
habitants. There shall be provided by the board of directors in 
each district and kept by the secretary of such board a book of 
registration for each voting precinct in such district established 
by the board of directors as above provided. (L. '11, p. 502, 
§3.) 

361. What tiie book siiail contain 

The books of registration aforesaid shall be so arranged as 
to admit the alphabetical classification of the names of the voters, 
and ruled in parallel columns with appropriate heads, as follows : 
Date of registration, name, age, occupation, place of residence, 
place of birth, time of residence in the state, county and pre- 
cinct, and if of foreign birth, name and place of court and date 
of declaration of intention to become a citizen of the United 
States, or date of naturalization, and with one column for signa- 
ture and one for remarks, and one column for checking the name 
of voter at the time of voting. Under head of place of residence 
shall be noted the number of lot and block, or number and street 
where applicant resides, or some other definite description suf- 



1»72 CODE OF PUBLIC INSTRUCTION 

ficient to locate the residence, and the voter so registering as 
provided in this section shall sign his or her name on the reg- 
istry opposite the entries above required, in the column headed 
"Signature," and in case any voter shall not be capable of writ- 
ing his or her name he or she shall, on the left-hand margin 
of said column, make his or her mark by a cross or such other 
mark as is usual in indicating his or her signature, and some 
person who is personally known to said voter, and is person- 
ally known to the registering officer, and who is capable of 
writing his or her name, shall sign in said column immediately 
opposite said mark as an identifying witness thereto. (L. '09, p. 
354, § 8; Rem. & Bal., § 4680.) 

362. Must appear in person to register 

No person shall be registered unless he or she appears in 
person before the secretary or the board of directors in the dis- 
trict in which such elector resides, during the hours the books 
are opened for registration, and answers truly the questions 
that may be put to him or her touching his or her qualifications 
to vote in such district, and shall also make and subscribe the 
following oath: 
State of Washington, County of , ss. 

I, , do solemnly swear (or affirm) 

that I am a legally qualified school elector, under the laws of 
the State of Washington, and that I have been an actual per- 
manent resident of said state for eleven months and twenty 
days last past, and of the county for eighty days last past, and 

the precinct twenty days last past, and that I 

have not lost my civil rights by reason of being convicted of 
any infamous crime. 

Subscribed and sworn to before me this day of 

Said affidavit shall be filed and presei'ved by the secretary of 
the board for at least two years. (L. '09, p. 355, § 9 ; Rem. & 
Bal., § 4681.) 

363. Secretary to administer oaths 

The secretaries of the boards of directors are hereby em- 
powered to administer all necessary oaths in examining appli- 



STATE OF WASHINGTON 



173 



cants for registration, or any witness that may be offered in 
behalf of any applicant. The said secretary shall examine 
carefully any applicant whose right to register he may doubt, 
or who may be challenged, and if the applicant shall be entitled 
to vote at the next election he or she shall be registered, other- 
wise not. (L. '09, p. 355, § 10; Rem. & Bal., § 4682.) 

364. Elector may transfer registration 

If any elector shall during the year for which he or she 
may be registered change his or her place of residence from 
the precinct in which he or she is registered to any other pre- 
cinct in said district, outside the corporate limits of such city, 
he or she shall apply to the secretary of the board to have said 
removal noted. The secretary shall run a red ink line across 
the name in the precinct book in which said applicant shall be 
registered, and likewise note said removal in the column headed, 
"Remarks," in said book and thereupon the secretary shall enter 
the name and register the elector in the registration book of 
the precinct to which he or she has removed. (L. '11, p. 502, 
§ 4.) 

365. Voters may be ciiaiienged 

Registration under the provisions of this act shall be prima 
facie evidence of the right of the elector to vote at any general 
or special school election held within the district during the 
year for which said elector is registered. If any person duly 
registered is challenged, it shall be the duty of the judges of 
election to examine the challenger and any witnesses that may 
be produced on oath, touching the right of such elector to vote ; 
the judges shall then, unless they dismiss said challenge, ex- 
amine the proposed elector on oath, and if it appears that said 
elector is entitled to vote at said election, his or her vote shall 
be received, otherwise rejected. Any person swearing falsely 
before any judge of election, on the hearing of any such chal- 
lenge, shall be deemed guilty of perjury, and shall be subjected 
to the pains and penalties of perjury. (L. '09, p. 356, § 12 ; 
Rem. & BaL, § 4684.) 



l^^^ CODE OF PUBLIC INSTRUCTION 

366. Secretary to deliver books to election clerks 

On the morning of any general or special school election the 
secretary of the board shall deliver to the clerk of each voting 
precinct within his district the original book of registration 
of the precinct for which such clerk was appointed. Each clerk 
of election shall return the book of registration entrusted to him 
to the secretary of the board at the time of the delivery of the 
ballots cast in the precinct at such election, and it shall be un- 
lawful for any clerk or any judge of election to cause or allow 
any marks or alterations to be made in said book while the same 
is in their possession, other than a proper check mark when a 
ballot is cast, to indicate the party voting. (L. '09, p. 356, 
§ 13; Rem. & Bal., § 4685.) 

CHAPTER 14— PENALTIES 

367. For disclosing questions 

Any member of the State Board of Education, any employe 
of the State of Washington, any county superintendent or any 
employe of his office, who shall directl}'^ or indirectly disclose 
any question or questions prepared for the examination of teach- 
ers or of eighth grade pupils, or any teacher or other person 
connected with the instruction of or the examination of eighth 
grade pupils, who shall, before the time appointed for the use 
of the questions in the examination of such pupils, disclose the 
questions, or make known their character, or who shall directly 
or indirectly assist any such eighth grade pupil to answer any 
question submitted, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be fined in any sum not less 
than one hundred nor more than five hundred dollars. Said fine 
shall be turned over to the county treasurer of the county in 
which it is collected, and shall be by him transmitted to the 
State Treasurer, who shall place the same to the credit of the 
current school fund of the state. (L. '09, p. 357, § 1 ; Rerh. & 
Bal., § 4686.) 

368. For failure of county superintendent to report to Superintendent 

of Public Instruction 
If any county superintendent fails to make a full and correct 
report to the Superintendent of Public Instruction of all state- 



STATE OF WASHINGTON 1*^^ 

ments required by him, or if he shall fail to file with the Super- 
intendent of Public Instruction a full and correct annual re- 
port within ten days after the time prescribed by law for filing 
said report, he shall forfeit the sum of fifty dollars from his 
salary, and the board of county commissioners are hereby au- 
thorized and required to deduct therefrom the sum aforesaid 
upon information from the Superintendent of Public Instruc- 
tion that such reports have not been made. (L. '09, p. 357, § 2 ; 
Rem. & Bal., § 4687.) 

369. For failure to pay over fines 

Any officer or person collecting or receiving any fines, for- 
feitures or other moneys belonging to the schools of the State 
of Washington, or belonging to the school fund of any county 
or school district in this state, and refusing or failing to pay 
over the same, as required by law, shall forfeit double the amount 
so withheld, and interest thereon at the rate of five per cent. 
per month during the time of so withholding the same ; and it 
shall be a special duty of the county superintendent of schools 
to supervise and see that the provisions of this section are fully 
complied with, and report thereon to the county commissioners 
semi-annually or oftener. Such fines and penalties, when col- 
lected, shall be turned over to the county treasurer and by him 
transmitted to the State Treasurer, who shall place the same 
to the credit of the current school fund of the state. (L. '09, 
p. 357, § 3; Rem. & Bal., § 4688.) 

370. For failure to provide for teaching hygiene 

Upon complaint in writing being made to any county super- 
intendent by any district clerk, or by any head of a family, that 
the board of directors of the district of which said clerk shall 
hold liis office, or said head of family shall reside, have failed to 
make prccvisions for the teaching of hygiene or have failed to 
require it to be taught, with special reference to the effects of 
alcoholic drink, stimulants and narcotics upon the human sys- 
tem, as provided by law, in thfe common schools of su'ch districts, 
it shall be the duty of such county superintendent to investi- 
gate at once the matter of such complaints, and if found to be 



176 CODE OF PUBLIC INSTRUCTION 

true, he shall immediately notify the county treasurer of the 
county in which such school district is located, and after the 
receipt of such notice it shall be the duty of such county treas- 
urer to refuse to pay any warrants drawn upon him by the 
board of directors of such district subsequent to the date of 
such notice and until he shall be notified to do so by such county 
superintendent. Whenever it shall be made to appear to the 
said county superintendent, and he shall be satisfied that the 
board of directors of such district are complying with the pro- 
visions of law in this matter, and are causing physiology and 
hygiene to be taught in the public schools of such district as 
hereinbefore provided, he shall notify said county treasurer, 
and said treasurer shall thereupon honor the warrants of said 
board of directors. (L.' 09, p. 358, § 4; Rem. & Bal., § 4689.) 

371. For failure of county superintendent to enforce teaching of liy- 

giene 

Any county superintendent of common schools who shall fail 
or refuse to comply with the provisions of the preceding section 
shall be liable to a penalty of one hundred dollars, to be recov- 
ered in civil action in the name of the state in any court of 
competent jurisdiction, and the sum recovered shall go into the 
state current school fund ; and it shall be the duty of the prose- 
cuting attorneys of the several counties of the state to see that 
the provisions of this section are enforced. (L. '09, p. 358, § 5 ; 
Rem. & Bal., § 4690.) 

372. For clerk's failure to mal<e report 

In case the district clerk fails to make the reports as by law 
provided, at the proper time and in the proper manner, he shall 
forfeit and pay to the district the sum of twenty-five dollars 
for each and every such failure. He shall also be liable, if, 
through such neglect, the district fails to receive its just ap- 
portionment of school moneys, for the full amount so lost. Each 
and all of said forfeitures shall be recovered in a suit brought 
by the county superintendent or by any citizen of such district, 
in the name of and for the benefit of such district, and all mon- 
eys so collected shall be paid over to the county treasurer and 



STATE OF WASHINGTON ;^7iy 

shall be by him placed to the credit of the general fund of the 
district to which it belongs. (L. '09, p. 359, § 6 ; Rem. & Bal., 
§ 4691.) 

373. For failure to deliver bootcs to successor 

Any school officer who shall refuse or fail to deliver to his 
qualified successor all books, papers, records and moneys per- 
taining to his office, or who shall wilfully mutilate or destroy 
any such property, or any part thereof, or shall misapply mon- 
eys entrusted to him by virtue of his office, shall be deemed 
guilty of a misdemeanor, and shall, upon conviction thereof, be 
punished by a fine not to exceed one hundred dollars ; said fine, 
when collected, to be turned over to the county treasurer and 
by him transmitted to the State Treasurer, who shall place the 
same to the credit of the current school fund of the state ; and 
any director who shall aid in, or give his consent to the employ- 
ment of a teacher who is not the holder of a valid certificate 
authorizing him or her to teach in the public schools of this 
state, shall be personally liable to his district for any loss which 
it may sustain by reason of the employment of such person not 
lawfully qualified to teach. (L. '09, p. 359, § 7 ; Rem. & Bal., 
§ 4692.) 

374. For failure to enforce course of study 

Any teacher who wilfully refuses or neglects to enforce the 
course of study or the rules and regulations required by the 
State Board of Education, or by any other lawful authority, 
shall not be allowed by the directors any warrant for salary 
due until said teacher shall have complied with said require- 
ments. (L. '09, p. 360, § 8; Rem. & Bal., § 4693.) 

375. For maltreatment of a pupil 

Any teacher who shall maltreat or abuse any pupil by admin- 
istering any unjust punishment, or who shall inflict punishment 
on the head or face of a pupil, shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof before any court of com- 
petent jurisdiction shall be fined in any sum not exceeding one 
hundred dollars. Said fine, when collected, shall be turned over 
to the county treasurer and by him transmitted to the State 



1*78 CODE OF PUBLIC INSTRUCTION 

Treasurer, who shall place the same to the credit of the current 
school fund of the state. (L. '09, p. 360, § 9 ; Rem. & Bal., 
§ 4694.) 

376. For failure to attend an institute 

In addition to other causes for the revocation of teachers' 
certificates as provided by law, any teacher failing to attend 
the annual institute held in the county in which he is employed, 
or the annual joint institute held by the county in which he is 
employed and another county or other counties, unless for good 
and sufficient reasons satisfactory to the Superintendent of 
Public Instruction, may upon complaint of the superintendent 
of the county in which he is employed to teach have any cer- 
tificate he may hold forfeited by order of the Superintendent 
of Public Instruction : Provided, That such forfeiture shall be 
duly published after the said teacher shall have been given 
opportunity to present his reasons for such non-attendance, and 
after final action thereon. (L. '09, p. 360, § 10 ; Rem. & Bah, 
§ 4695.) 

377. For abusing a teacher 

Any parent, guardian or other person who shall insult or 
abuse a teacher in the presence of his school, or anywhere on the 
school grounds or premises, shall be deemed guilty of a misde- 
meanor and be liable to a fine of not less than ten dollars nor 
more than one hundred dollars, and said fine shall be turned over 
to the county treasurer, and by him remitted to the State Treas- 
urer, who shall place the same to the credit of the current school 
fund of the state. (L. '09, p. 360, § 11 ; Rem. & Bal., § 4696.) 

378. For disturbing a school meeting 

Any person who shall wilfully disturb any school or school 
meeting shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be fined in any sum not more than fifty dol- 
lars. Said fine, when collected, shall be turned over to the 
county treasurer and by him transmitted to the State Treas- 
urer, who shall place the same to the credit of the current school 
fund of the state. (L. '09, p. 361, § 12; Rem. & BaL, § 4697.) 

"Person" applies to and incluSes a "pupil" of such school who was not at- 
tending the school at ,the time the offense was committed and was outside of 
the school building : State v. PacJcenham, 40 Wash. 403. 



STATE OF WASHINGTON 179 

379. For false report of the presence of pupils 

Any teacher, principal or superintendent who shall know- 
ingly report, cause to be reported, or permit to be reported, the 
presence of any pupil or pupils at school, when such pupil or 
pupils were absent, or when school is not in session, shall for- 
feit his certificate or subject it to revocation, and the same 
shall not be restored or a new one granted within one year after 
such forfeiture or revocation : Provided, That pupils who are 
excused from attendance at examinations for promotion, having 
completed their work in accordance with the rules of the board 
of directors, shall be accredited with attendance during said 
days of examination. (L. '09, p. 361, § 13 ; Rem. & Bal., 
§ 4698.) 

380. For injuring school property 

Any pupil who shall cut, deface or otherwise injure any school 
house, furniture, fence or outbuilding thereof, or any book or 
books belonging to the district library, shall be liable to sus- 
pension and punishment, and the parent or guardian of such 
pupil shall be liable for damages, on complaint of the teacher 
or of any director or other person residing in the district ; and 
when such damages shall have been collected they shall be turned 
over to the county treasurer and by him placed to the credit 
of the school district sustaining such damages. (L. '09, p. 
361, § 14; Rem. & Bal., § 4699.) 

381. For failure to use adopted text books 

Any district using text-books other than those prescribed 
by lawful authority, or any district failing to comply with the 
course of study prescribed by the State Board of Education or 
by other lawful authority, or any district in which warrants 
are issued to a teacher not legally qualified to teach in the com- 
mon school of the said district, shall forfeit twenty-five per cent, 
of their school fund for that or the subsequent year, and it is 
hereby made the duty of the county superintendent to deduct 
said amount from the apportionment to be made to any dis- 
trict faihng in either or all of the above requirements, and the 
amounts thus deducted shall revert to the general school funds 



180 CODE OF PUBLIC INSTRUCTION 

of the state, and the county treasurer shall return the same to 
the State Treasurer for reapportionment. (L. '09, p. 361, §15 ; 
Rem. & Bal., § 4700.) 

Where a school district refuses to follow the course of study adopted by the 
State Board of Education, the publisher of the books (under contract with the 
state board) is not entitled to relief by injunction unless materially damaged : 
Westland Publishing Co. v. Royal, 36 Wash. 400. 

382. For failure of new district to have one montii of scliooi 

Any new district formed by the division of an old one and 
which new district shall have maintained at least one month's 
school during the preceding school year, as shown by the last 
annual report of the county superintendent, on file in the office 
of the Superintendent of Public Instruction, shall be entitled 
to its just share of school moneys when the time that school 
was maintained in the old district before division, and in the new 
one after division, shall be equal to at least the minimum time 
required by law in the old district: Provided, That if any 
school district has heretofore failed to receive apportionment of 
state school funds because of a failure to hold school the time 
required by law, and there are unpaid warrants drawn on the 
general funds of said district for maintenance of school prior to 
said failure, a special tax shall be levied by the board of county 
commissioners on the property of the district, the proceeds of 
which tax shall be applied to the payment of the indebtedness. 
(L. '09, p. 362, § 16; Rem. & Bal., § 4701.) 

383. For false swearing 

If any person shall falsely swear or affirm in taking the oath 
or making the affirmation herein prescribed when being regis- 
tered for voting in a school district of the first class, or shall 
falsely personate another and procure the person so personated 
to be registered, or if any person shall represent his name to 
the secretary or officer of registration to be different from what 
it actually is, and cause such name to be registered, or if any 
person shall cause any name to be placed upon the register list 
otherwise than in the manner provided in this act, he or she 
shall be guilty of a felony, and upon conviction be punished by 
confinement in the penitentiary not more than five nor less than 
one year. (L. '09, p. 362, § 17 ; Rem. & Bal., § 4702.) 



STATE OF WASHINGTON 131 

CHAPTER 15— APPEALS 

384. May appeal within tiiirty days 

Any person, or persons, either severally or collectively, ag- 
grieved by any decision or order of any school officer or school 
board may, within thirty days after the rendition of such deci- 
sion or order, or of the failure to act upon the same when prop- 
erly presented, appeal the same to the proper officer or board 
as hereinafter provided. (L. '09, p. 362, § 1 ; Rem. & Bal., 
§ 4706.) 

See notes, infra, § 163, Code Pub. Ins. 

If no point is made in the court below on failure of respondent to appeal 
from the order of the board of directors in accordance with this section the 
objection cannot be raised for the first time in the supreme court : Fitzgerald 
V. School District, 5 Wash, 112. 114. 

A school teacher before bringing suit against a school district for the alleged 
breach of contract must appeal from the decision of the board of directors to 
the county superintendent : Van Dyke v. School District, 43 Wash. 235. 

Where a board of education is by law constituted a tribunal, from which 
there is no appeal, for the trial of its school ofiicers, a member of the board 
who has caused charges to be preferred against a school superintendent because 
of personal hostility toward him, and has announced a determination to vote 
against him, whatever the evidence, is disqualified to sit as a member of such 
tribunal during the trial of the superintendent and, if he attempts to participate 
as a member of the tribunal, may be restrained by the issuance of a writ of 
prohibition : State ex rel. Barnard v. Board of Education, 19 Wash. 8. 

385. Appeals — To whom taken 

Appeals from the decision or order, or from the failure to 
decide or order, by a board of school directors shall be taken 
to the county superintendent of schools in and for the county. 
Appeals from the decision or order, or the failure to decide or 
order, of a county superintendent of schools shall, when relat- 
ing to the territory or boundaries, or to the adjustment of the 
assets or liability of school districts, be taken to the board of 
county commissioners wherein the territory lies, but when re- 
lating to the operation or management of schools, or the prop- 
erty of the school district or to the relations with teachers such 
appeal shall be taken to the Superintendent of Public Instruc- 
tion: Provided, That in matters involving the construction of 
contracts the appeal shall be taken to the court of the proper 
resort. (L. '09, p. 363, § 2; Rem. & Bal., § 4707.) 

We are of the opinion that an appeal may be taken to the board of county 
commissioners f^om an order of the county superintendent refusing to form 
a new district. — Lylh. 



182 CODE OF PUBLIC INSTRUCTION 

386. The basis of appeal 

The basis of appeal shall be an affidavit or affidavits of the 
party aggrieved, filed within the time for the taking of such 
appeal, setting forth in a clear and concise manner the errors 
complained of. (L. '09, p. 363, § 3 ; Rem. & Bal., § 4708.) 

387. Interested parties to be notified 

Having received the basis of appeal, as set forth in the pre- 
ceding section, the officer to whom the appeal is taken shall with- 
in ten days, and the board of county commissioners shall at their 
next regular session, notify in writing the party from whose 
action the appeal is taken of the taking of such appeal and of 
its nature and scope. Within twenty days after such notice the 
said party shall file a complete transcript, properly certified 
to be correct, of the record and papers and proceedings re- 
lating to the decision complained of. Upon the filing of such 
transcript notice shall be duly given to all parties interested of 
the time and place where the matter of the appeal shall be heard 
and determined. (L. '09, p. 363, § 4; Rem. & Bal., § 4709.) 

388. Hearing of tlie appeal 

At the hearing of an appeal, properly presented in accord- 
ance with this chapter, the county superintendent or the board 
of county commissioners, as the case may be, shall hear testi- 
mony of all parties interested, and for the purpose may ad- 
minister oaths if necessary, may summon witnesses or demand 
records or certified copies of the same : Provided, That in the 
case of a hearing before the board of county commissioners the 
board may hear the case de novo, and in case of a hearing on 
appeal by the Superintendent of Public Instruction no new evi- 
dence may be admitted. (L. '09, p. 363, § 5 ; Rem. & Bal., 
§ 4710.) 

389. Decisions to be final 

In decisions of appeal by the Superintendent of Public In- 
struction and by the board of county commissioners the deci- 
sion or order shall be final unless set aside by a court of com- 



STATE OF WASHINGTON jgg 

petent jurisdiction in an action brought therein to review such 
order or decision. (L. '09, p. 364, § 6; Rem. & Bal., § 4711.) 

Where a district within the consolidation takes an appeal to the county com- 
missioners and it is sustained, the county superintendent should recognize such 
separate district until decided in the proper court. — Lyle. 

No appeal lies from order of county superintendents of counties forming a 
joint school district : 8tate ex rel. School Dists. 25 and 100 v. Board of County 
Commissioners^ 30 Wash. Dec. 304. 

390. Record of appeals 

Decisions of appeal shall be made a matter of record in full, 
and certified copies of the same shall be made if asked for by the 
parties interested within ten days of such decision. Notice of 
such decision of appeal shall be made in writing to parties in- 
terested within five days of their rendition. (L. '09, p. 364, § 7 ; 
Rem. & BaL, § 4712.) 

391. Certain decisions to be reported to county assessor 

In cases of appeal resulting in the change of any school dis- 
trict boundaries the decision shall within five days thereafter be 
also certified by the proper officer to the county assessor of the 
county, or to the county assessors of the counties, wherein the 
territory may lie. (L. '09, p. 364, § 8 ; Rem. & Bal., § 4713.) 

CHAPTER 16— COMPULSORY SCHOOL LAW 

392. Age — Attendance — Excuses 

All parents, guardians. and other persons in this state having 
or who may hereafter have immediate custody of any child be- 
tween eight and fifteen years of age (being between the eighth 
and fifteenth birthdays), or of any child between fifteen and 
sixteen years of age (being between the fifteenth and sixteenth 
birthdays) not regularly and lawfully engaged in some useful 
and remunerative occupation, shall cause such child to attend 
the public school of the district in which the child resides, for 
the full time when such school may be in session, or to attend 
a private school for the same time, unless the superintendent of 
schools of the district in which the child resides, if there be such 
a superintendent, and in all other cases the county superintend- 
ents of common schools, shall have excused such child from such 
attendance because the child is physically or mentally unable 



184, CODE OF PUBLIC INSTRUCTION 

to attend school or has already attained a reasonable profi- 
ciency in the branches required by law to be taught in the first 
eight grades of the public schools of this state, as provided by 
the course of study of such school, or for some other sufficient 
reason. Proof of absence from public school or approved pri- 
vate school shall be prima facie evidence of a violation of this 
section. (L. '09, p. 364, § 1 ; Rem. & Bal., § 4714.) 

See, infra, §§ 443, 444, Code Pub. Ins., prohibiting child labor. 

See, infra, §§ 479-483, Code Pub. Ins., compulsory education in free govern- 
ment schools. 

Private school should be approved, and the county superintendent is the 
proper person to make the examination thereof. — Bell. 

It is no defense to a prosecution fot violating the school law requiring 
parents to cause their children of school age to attend the public school of the 
district or a private school, that the parent is experienced and qualified as a 
teacher and gave private instruction to his own children at his home ; such 
home instruction not being attendance at a- private school within the meaning 
of the law, where he did not maintain a private school at his home as de- 
termined by the purpose, intent and character of the endeavor : State v. Cou- 
nort, 69 Wash. 361. 

In a law for the compulsory vaccination of all pupils attending the public 
schools, an exception will be presumed in favor of individuals whose health is 
such as to render the operation dangerous or injurious : State ex rel. McFadden 
V. Shorrock, 55 Wash. 209. 

393. Employment of children under fifteen years of age forbidden 

No child under the age of fifteen years shall be employed 
for any purpose by any corporation, person or association of 
persons in this state during the hours which the public schools 
of the district in which such child resides are in session, unless 
the said child shall present a certificate from a school superin- 
tendent as provided for in section one of this act, excusing the 
said child from attendance in the public schools and setting 
forth the reason for such excuse, the residence and age of the 
child, and the time for which such excuse is given. Every own- 
er, superintendent, or overseer of any establishment, corpora- 
tion, company or person employing any such child shall keep 
such certificate on file so long as such child is employed by him, 
her or it. The form of said certificate shall be furnished by the 
Superintendent of Public Instruction. Proof that any child 
under fifteen years of age is employed during any part of the 
period in which public schools of the district are in session shall 



STATE OF WASHINGTON I35 

be deemed prima facie evidence of a violation of this section. 
(L. '09, p. 365, § 2; Rem. & Bal., § 4715.) 

See § 2447, Rem. & Bal., certain employment prohibited without consent of 
judge. 

The legal age at which minors may be employed in any store, shop, factory, 
or any inside employment not connected with farm or house work is in the 
case of males 14 years or over, and in the case of females 16 years or over, 
unless said employment is authorized by an order of the judge of the superior 
court. When public schools are in session no minor under the age of 15 years 
may be employed without a certificate from the superintendent of schools. — 
Wilson. 

394. Penalty 

Any person violating any of the provisions of either of the two 
preceding sections shall be fined not more than twenty-five dol- 
lars. Attendance officers shall make complaint for violation of 
the provisions of this act to a justice of the peace or to a judge 
of the superior court. (L. '09, p. 365, § 3 ; Rem. & Bal., 
§ 4716.) 

395. Attendance officers — Their duties 

To aid in the enforcement of this act, attendance officers 
shall be appointed and employed as follows : In incorporated 
city districts the board of directors shall annually appoint one 
or more attendance officers. Any attendance officer may be a 
sheriff, constable, a city marshal, or a regularly appointed po- 
liceman. In all other districts the county superintendent shall 
act as attendance officer, and he shall also have authority to ap- 
point one or more assistant attendance officers to aid him in the 
performance of his duties as attendance officer. The compen- 
sation of attendance officer in such city districts shall be fixed 
and paid by the board appointing him. The attendance offi- 
cer shall be vested with police powers, the authority to make 
arrests and serve all legal processes contemplated by this act, 
and shall have authority to enter all stores, mills, shops or other 
places in which children may be employed, for the purpose of 
making such investigations as may be necessary for the en- 
forcement of this act. The attendance officer is authorized to 
take into custody the person of any child between eight and fif- 
teen years of age, who may be a truant from school, and to 
conduct such child to his parents, for investigation and explana- 



186 



CODE OF PUBLIC INSTRUCTION 



tion, or to the school which he should properly attend. The at- 
tendance officer shall institute proceedings against any officer, 
parent, guardian, person, company or corporation violating 
any provisions of this act, and sha,ll otherwise discharge the du- 
ties prescribed in this act, and shall perform such other serv- 
ices as the superintendent of schools or the board of directors 
may deem necessary. The attendance officer shall keep a record 
of his transactions, for the inspection and information of the 
board of directors and the city and county superintendent, and 
shall make a detailed report to the superintendent of the city 
or of the county, as often as the same may be required. (L. '09, 
p. 365, § 4; Rem. & BaL, § 4717.) 

It would seem that the language, "Any attendance officer may be a sheriff, 
constable, a city marshal, or a regularly appointed policeman," does not mean 
that the attendance officer must necessarily be a sheriff, constable or other of- 
ficer named therein. We do not consider the word "may" as mandatory or even 
directory, but simply as permissive, and it is the opinion of this office that the 
attendance officer need not be a sheriff, constable, a city marshal or policeman, 
but that any of such officers may be appointed as an attendance officer in the 
discretion of the board of directors in incorporated city districts. — Magill. 

396. May arrest without warrant 

Any attendance officer, sheriff, deputy sheriff, marshal, police- 
man, or any other officer authorized to make arrests in the city 
or district, shall arrest without warrant a child who, under 
the provisions of this act, is required to attend school, such 
child then being a truant from instruction at the school which 
he or she is lawfully required to attend, shall forthwith deliver 
a child so arrested either to the custody of a person in parental 
relation to the child or to the teacher from whom the child is 
then a truant, or, in case of habitual or incorrigible truants, 
shall bring him or her before a justice of the peace. The justice 
of the peace shall, if he be convinced that the child so arrested 
is an habitual truant or that the child is guilty of wilful and 
continued disobedience to the school rules and regulations or 
laws, or that the conduct of the child is pernicious and injuri- 
ous to the school, bind the child over to the superior court with 
a view of his commitment to the State Reform School or other 
school for incorrigibles. (L. '09, p. 366, § 5 ; Rem. & BaL, 
§ 4718.) 



STATE OF WASHINGTON 



187 



397. Census report 

It shall be the duty of the district clerk or secretary, at the 
beginning of each school year, to provide the teacher with a copy 
of the last census of school children taken in his school district : 
Provided, That if there be a principal or city superintendent 
in such district, the clerk or secretary shall make such census 
report to him, and it shall be the duty of every teacher to re- 
port to the proper truant officer all cases of truancy or incor- 
rigibility in his or her school, immediately after the oifense or 
offenses shall have been committed : Provided further, That if 
there be a principal, the report shall be made to him and by him 
transmitted to the truant officer: And provided further, That 
if there be a city superintendent, the principal shall transmit 
such report to said city superintendent, who shall transmit such 
report to the proper truant officer of his district. (L. '09, p. 
367, § 6 ; Rem. & Bal., § 4719.) 

398. Concurrent jurisdiction 

In cases arising under this act all justices' courts, municipal 
courts and superior courts in the State of Washington shall, 
have concurrent jurisdiction. (L. '09, p. 367, §7; Rem. & 
BaL, § 4720.) 

399. The county attorney shall prosecute 

The county attorney shall act as attorney for the complainant 
in all court proceedings relating to the compulsory attendance 
of children as required by this act. (L. '09, p. 367, § 8 ; Rem. 
& BaL, § 4721.) 

400. Notice by county superintendent 

The county superintendent shall on or before the 15th day of 
August of each year, by printed circular or otherwise, call the 
attention of all school district officers to the provisions of this 
act, and to the penalties prescribed for the violation of its pro- 
visions, and he or she shall require the clerk of every school dis- 
trict to make a report annually hereafter, to him or her, veri- 
fied by affidavit, stating whether or not the provisions of this 
act have been faithfully com.plied with in his district. Such 
reports shall be made upon blanks to be furnished by the Su- 



188 CODE OF PUBLIC INSTRUCTION 

perintendent of Public Instruction and shall be transmitted to 
the county superintendent at the time the district clerk is re- 
quired to make his annual report to the county superintendent. 
Any district clerk who shall knowingly or wilfully make a false 
report relating to the enforcement of the provisions of this act 
or fail to report as herein provided shall be deemed guilty of a 
misdemeanor, and upon conviction in a court of competent juris- 
diction shall be fined not less than twenty-five dollars nor more 
than one hundred dollars ; and any district clerk who shall re- 
fuse or neglect to make the report required in this section shall 
be personally liable to his district for any loss which it may 
sustain because of such neglect or refusal to report. (L. '09, 
p. 367, § 9; Rem. & Bal., § 4722.) 

401. Penalty 

Any superintendent, teacher or attendance officer, who shall 
fail or refuse to perform the duties prescribed by this act shall 
be deemed guilty of a misdemeanor and, upon conviction there- 
of, be fined not less than twenty nor more than one hundred 
dollars : Provided, That in case of a district officer, such fine 
shall be paid to the county treasurer and by him placed to the 
credit of the school district in which said officer resides, and in 
case of other officers such fine shall be paid to the county treas- 
urer and by him placed to the credit of the general school fund 
of the county. (L. '09, p. 368, § 10; Rem. & Bal., § 4723.) 

402. Fines applied to support of schools 

All fines except as otherwise provided in this act shall inure 
and be applied to the support of the public schools in the dis- 
trict where such offense was committed. (L. '09, p. 368, § 11 ; 
Rem. & Bal., § 4724.) 

403. Officers not liable for costs 

No officer performing any duty under any of the provisions 
of this act, or under the provisions of any rules that may be 
passed in pursuance hereof, shall in any wise become liable for 
any costs that may accrue in the performance of any duty pre- 
scribed by this act. (L. '09, p. 368, § 12 ; Rem. & Bal., § 4725.) 



STATE OF WASHINGTON ^gg 

CHAPTER 17— GRAMMAR SCHOOL EXAMINATIONS 

404. Duties of Superintendent of Public Instruction 

It shall be the duty of the Superintendent of Public In- 
struction at such times as he may deem it advisable, but not 
oftener than three times each year, to forward questions pre- 
pared by the State Board of Education for use in the examina- 
tion of pupils having completed the grammar school course of 
study, to fix the date for such examination, and to grant cer- 
tificates of promotion to pupils sucessfully passing such ex- 
amination according to the standard prescribed by the State 
Board of Education: Provided, That such certificate shall en- 
title the holder thereof to entrance into any high school of the 
state without further examination : Provided further. That 
nothing in this act shall be construed as compelling boards of 
directors to admit non-resident pupils without tuition charge. 
(L. '09, pp. 368, § 1 ; Rem. & BaL, § 4731.) 

405. County superintendent may appoint assistant examiners 

It shall be the duty of the county board of education to ex- 
amine and grade the manscripts of the pupils who take the ex- 
aminations mentioned in section one (1) of this chapter. The 
county superintendent may appoint assistant examiners, who 
shall conduct such examinations of pupils according to the rules 
and regulations of the State Board of Education, and within 
three days transmit the manuscripts to the county superintend- 
ent. Assistant examiners shall receive three dollars per day, 
to be paid in the same manner as the regular board. (L. '09, 
p. 369, § 2 ; Rem. & Bal., § 4732.) 

406. County board of education to grade manuscripts 

It shall be the duty of the county board of education to meet 
at the county seat at the call of the county superintendent for 
the purpose of examining and grading the manuscripts of pu- 
pils taking such examinations under the direction of any assist- 
ant examiner or of the county superintendent. No questions 
shall be used in such examination except those prepared by the 
State Board of Education as provided in section one (1) of 
this chapter: Provided, That the State Board of Education 



190 CODE OF PUBLIC INSTRUCTION 

may prescribe a special course of reading to be done by pupils 
in the last year of the grammar school course, as a requisite to 
their receiving certificates of graduation. (L. '09, p. 369, § 3 ; 
Rem. & Bal., § 4733.) 

407. County superintendent to report 

It shall be the duty of the county superintendent to report 
to the Superintendent of Public Instruction, within ten days 
after any meeting of the county board of education, the names 
of all pupils successfully passing any examination, as herein 
provided, together with their respective standings or grades in 
the several prescribed subjects and such other facts relating to 
said pupils or said examination as the Superintendent of Pub- 
lic Instruction may require. (L. '09, p. 369, § 4 ; Rem. & Bal., 
§ 4734.) 

CHAPTER 18— HIGH SCHOOL EXTENSION EXAMINATIONS 

408. State board to outline course 

. The State Board of Education shall outline a course of read- 
ing and study similar to a course of study required in a full 
four-year high school course, and shall provide for the exam- 
ination and certification of those taking or completing such 
course. Examinations for this purpose shall be held at the 
same time and place of holding examinations for teachers' cer- 
tificates, and in such form to fully test the students' knowledge 
of the subject or subjects examined in. Any one or more sub- 
jects may be taken at any such examination and a student fail- 
ing in any subject may again be examined in such subject at any 
subsequent examination : Provided, Each year's work of a lower 
grade must be completed before a student shall be permitted to 
complete the work of a higher year. Such examination shall be 
intended only for those not taking a full course in the same 
subject in a regular high school, and no person shall be ad- 
mitted to any such examination unless he shall have given to 
the county superintendent notice of his intention to take such 
examination and the subjects in which he desires to be exam- 
ined at least thirty days before the examination, and obtain 



STATE OF WASHINGTON ]^9j 

permission from such superintendent to take such examination. 
(L. '09, p. 370, § 1 ; Rem. & Bal., § 4735.) 

409. Questions and examinations 

The questions for such examination shall be prepared by the 
State Board of Education, and shall be furnished to the State 
Superintendent of Public Instruction, who shall cause the same 
to be printed and distributed to the several county superin- 
tendents upon request therefor the same as the questions 
for teachers' examinations are printed and distributed. The 
manuscripts containing the answers of applicants shall be re- 
turned to the Superintendent of Public Instruction, to be marked 
and graded by him, and who shall issue certificates to those 
who have the required percentage in the various branches which 
shall be fixed by the State Board of Education. (L. '09, p. 370, 
§2; Rem. & Bal., § 4736.) 

410. Certificates to be issued 

Upon the completion of the full course as outlined by the 
State Board of Education, a state high school certificate shall 
be issued to the applicant by the said board and such certifi- 
cate shall entitle the holder thereof to enter the freshman class 
of the State University or to enter any other class in the other 
state educational institutions as may be specified by the State 
Board of Education. (L. '09, p. 371, § 3 ; Rem. & Bal., 
§ 4737.) 

CHAPTER 19— KINDERGARTENS 

411. How established in districts of tiie first and the second class 
The board of directors of any school districts of the first and 

second classes shall have power to establish and maintain free 
kindergartens in connection with the common schools of said 
districts for the instruction of children between the ages of four 
and six years, residing in said district, and shall establish such 
courses of training, study and discipline and such rules and reg- 
ulations governing such kindergartens as said board may deem 
best. (L. '11, p. 382, § 1.) 

See, supra, § 191, subdiv. 4, Code Pub. Ins., kindergartens in districts of first 
class. 



192 CODE OF PUBLIC INSTRUCTION 

412. Shall be part of public school system 

Kindergartens established under this act shall be a part of 
the public school system and under the control and supervision 
of the regular officers who have charge of the public schools of 
the state: Provided, That nothing in this act shall be con- 
strued to change the law relating to the taking of the census of 
the school population or the apportionment of state and county 
funds. (L. '09, p. 371, § 2; Rem. & Bal., § 4739.) 

413. Expense to be paid from general fund 

The cost of establishing and maintaining such kindergartens 
shall be paid from the general fund of the district. (L. '11, p. 
382, § 3.) 

414. Teachers to hold diplomas or certificates 

Kindergarten teachers and supervisors shall have diplomas 
or certificates from some accredited kindergarten training 
school, from the kindergarten department of a state normal 
school of this state or of a normal school whose kindergarten 
department is accedited by the State Board of Education. (L. 
'09, p. 371, § 4; Rem. & Bal., § 4741.) 

CHAPTER 20— TAKING OF PRIVATE PROPERTY FOR SCHOOL 
HOUSE SITES 

415. School districts may take and acquire title 

Whenever any school district shall select any real estate as a 
site for a school house, or as additional grounds to an existing 
school house site, within the district, and the board of school 
directors of such district and the owner or owners of the site 
or any part thereof, or addition thereto selected, shall be un- 
able to agree upon the compensation to be paid by such school 
district to the owner or owners thereof, such school district 
shall have the right to take and acquire title to such real estate 
for use as a school house site or additional site, upon first pay- 
ing to the owner or owners thereof therefor the value thereof, to 
be ascertained in the manner hereinafter provided. (L. '09, p. 
372, § 1 ; Rem. & Bal., § 906.) 

A county may take school property for public use, but the showing would 
have to be to the effect that the new use was more important to the public than 
the old use. — Lyle. 



STATE OF WASHINGTON I93 

416. Petition to superior court 

The board of directors of the school district shall present to 
the superior court of the State of Washington in and for the 
county wherein is situated the real estate desired to be acquired 
for school house site purposes, a petition, reciting that the board 
of directors of such school district have selected certain real es- 
tate, describing it, as a school house site, or as additional 
grounds to an existing site, for such school district; that the 
site so selected, or some part thereof, describing it, belongs to a 
person or persons, naming him or them ; that such school district 

has offered to give the owner or owners thereof therefor 

dollars, and that the owner of such real estate has refused to ac- 
cept the same therefor ; that the board of school directors of such 
school district and the said owner or owners of such real estate 
are unable to agree upon the compensation to be paid by such 
school district to the owner or owners of such real estate there- 
for, and praying that a jury be empaneled to ascertain and 
determine the compensation to be made in money by such school 
district to such owner or owners for the taking of such real es- 
tate for the use as a school house site for such school district ; 
or in case a jury be waived in the manner provided by law in 
other civil actions in courts of record, then that the compensa- 
tion to be made as aforesaid be ascertained and determined by 
the court, or judge thereof. (L. '09, p. 372, § 2; Rem. & Bal., 
§ 907.) 

417. Notice of petition 

A notice, stating the time and place, when and where such 
petition shall be presented to the court, or the judge thereof, 
together with a copy of such petition, shall be served on each 
and every person named therein as owner, or otherwise inter- 
ested therein, at least ten days previous to the time designated 
in such notice for the presentation of such petition. Such no- 
tice shall be signed by the prosecuting attorney of the county 
wherein the real estate sought to be taken is situated, and may 
be served in the same manner as summons in a civil action in 
—7 



194 CODE OF PUBLIC INSTRUCTION 

such superior court is authorized by law to be served. (L. '09, 
p. 373, § 3 ; Rem. & Bal., § 908.) 

418. Adjournment of proceedings 

The court may, upon application of the peitioner or of any 
owner of said real estate, or any person interested therein, for 
reasonable cause adjourn the proceedings from time to time, 
and may order new or further notice to be given to any party 
whose interests may be affected by such proceedings. (L. '09, 
p. 373, § 4; Rem. & Bal., § 909.) 

419. Findings of court 

At the time and place appointed for the hearing of such peti- 
tion, or to which the same may have been adjourned, if the court 
shall find that all parties interested in such real estate sought to 
be taken have been duly served with notice and a copy of the 
petition as above described, and shall further find that such real 
estate sought to be taken is required and necessary for the pur- 
poses of a school house site, or as an addition to a school house 
site, for such school district, the court shall make an order recit- 
ing such findings, and shall thereupon set the hearing of such 
petition down for trial by a jury, as other civil actions are tried, 
unless a jury is waived in the manner provided by law in other 
civil actions. (L. '09, p. 373, § 5; Rem. & Bal., § 910.) 

420. Jury — Number of persons 

The jury impaneled to hear the evidence and determine the 
compensation to be paid to the owner or owners of such real 
estate desired for such school house site purpose shall consist of 
twelve persons, unless a less number be agreed upon, and shall be 
selected, impaneled and sworn in the same manner that juries in 
other civil actions are selected, impaneled and sworn : Provided, 
A juror may be challenged for cause on the ground that he is a 
taxpayer of the district seeking the condemnation of any real 
estate. (L. '09, p. 373, § 6; Rem. & Bal., § 911.) 

421. Superior court judge to preside 

A judge of the superior court shall preside at the trial and wit- 
nesses may be examined in behalf of either party to the proceed- 



STATE OF WASHINGTON I95 

ings, as in other civil actions, and upon the request of all the 
parties interested in such proceedings the court shall cause the 
jury impaneled to hear the same, to view the premises sought to 
be taken, and upon the request of any less number of the persons 
interested in the proceedings, the court may cause the jury to 
view the premises, pending the hearing of the case. (L. '09, 
p. 374, § 7; Rem. & Bal., § 912.) 

422. Court to instruct jury 

Upon the close of the evidence, and the argument of counsel, 
the court shall instruct the jury as to the matters submitted to 
them, and the law pertaining thereto, whereupon the jury shall 
retire and deliberate and determine upon the amount of compen- 
sation in money that shall be paid to the owner or owners of the 
real estate sought to be taken for such school house site purposes 
therefor, which shall be the amount found by the jury to be the 
fair and full value of such premises ; and when the j ury shall 
have determined upon their verdict, they shall return the same 
to the court as in other civil actions. (L. '09, p. 374, § 8; Rem. 
& Bal., § 913.) 

Rem. & Bal. § 913, providing that, upon the condemnation of a school site, 
the compensation to be paid the owner shall be the fair and full value of the 
premises does not limit the recovery to the naked value of the land, in vio- 
lation of the constitutional requirement requiring payment of the value of the 
land taken and for any depreciation of the land not taken ; since the statute 
is directory and contains no words of limitation confining the jury to the value 
of the land taken alone : State ex rel. School District No. 58 v. Superior Court, 
69 Wash. 189. 

423. The verdict 

When ten of the jurors agree upon a verdict, the verdict so 
agreed upon shall be signed by the foreman, and the verdict so 
agreed upon shall be and stand as the verdict of the jury. (L. 
'09, p. 374, § 9; Rem. & Bal., § 914.) 

424. Compensation, when jury is waived 

In case a jury is waived, the compensation that shall be paid 
for the premises taken shall be determined by the court and the 
proceedings shall be the same as in the trial of issues of fact by 
the court in other civil actions. (L. '09, p. 374, § 10; Rem. & 
Bal., § 915.) 



196 CODE OF PUBLIC INSTRUCTION 

425. Entry of judgment, etc. 

Upon the verdict of the jury, or upon the determination by 
the court of the compensation to be paid for the property sought 
to be taken as herein provided, judgment shall be entered against 
such school district In favor of the owner or owners of the real 
estate sought to be taken, for the amount found as compensa- 
tion therefor, and upon the payment of such amount by such 
school district to the clerk of such court for the use of the owner 
or owners of, and the persons Interested In the premises sought 
to be taken, the court shall enter a decree of appropriation of 
the real estate sought to be taken, thereby vesting the title to 
the same in such school district; and a certified copy of such 
decree of appropriation may be filed in the office of the county 
auditor of the county wherein the real estate taken is situated, 
and shall be recorded by such auditor like a deed of real estate, 
and with like effect. The money so paid to the clerk of the court 
shall be by him paid to the person or persons entitled thereto, 
upon the order of the court. (L. '09, p. 374, § 11 ; Rem. & 
Bah, § 916.) 

426. Costs 

All the costs of such proceedings In the superior court shall 
be paid by the school district initiating such proceedings. (L. 
'09, p. 375, § 12; Rem. & BaL, § 917.) 

427. Appeal. 

Either party may appeal from the judgment for compensa- 
tion awarded for the property taken, entered in the superior 
court, to the supreme court of the state within sixty days after 
the entry of the judgment, and such appeal shall bring before 
the supreme court the justness of the compensation awarded for 
the property taken, and any error occurring on the hearing of 
such matter, prejudicial to the party appealing: Provided, 
however. That If the owner or owners of the land taken accepts 
the sum awarded by the jury or court, he or they shall be 
deemed thereby to have waived their right of appeal to the su- 
preme court. (L. '09, p. 375, § 13; Rem. & Bah, § 918.) 



STATE OP WASHINGTON I97 

428. Possession of premises 

An appeal from such judgment by the owner or owners of the 
land sought to be taken, shall not have the effect to preclude the 
school district from taking possession of the premises sought, 
pending the appeal, provided the amount of the judgment 
against the school district shall have been paid in to the clerk 
of the court, as hereinbefore provided, (L. '09, p. 375, § 14.) 
Rem. & BaL, § 919.) 

429. Plaintiff and defendants 

In all proceedings under this act the school district seeking to 
acquire title to real estate for a school house site, shall be denomi- 
nated plaintiff, and all other persons interested therein shall be 
denominated defendants ; and in all such proceedings the clerk 
of the superior court wherein any such proceeding is brought 
shall charge nothing for his services, except in taking an ap- 
peal from the judgment entered in the superior court. (L. '09, 
p. 375, § 15; Rem. & BaL, § 920.) 

CHAPTER 21— PROHIBITING SALE OF INTOXICATING LIQUORS 

WITHIN PRESCRIBED LIMITS OF STATE EDUCATIONAL 

INSTITUTIONS 

430. .Two thousand feet from institution 

That it shall be unlawful to sell or in any way dispose of any 
vinous, spiritous, malt or other intoxicating liquors, with or 
without a license, within two thousand (2,000) feet of any nor- 
mal school, agricultural college, reform school, or state school 
for defective youth, now established or which may hereafter be 
legally established within the State of Washington: Provided, 
That nothing in this act shall be construed to affect in any 
way the provisions of "An act prohibiting the sale of intoxicat- 
ing liquors on or near the grounds of the University of Wash- 
ington," approved March 19, 1895. (L. '09, p. 376, § 1 ; Rem. 
& BaL, § 4744.) 

See, infra, § 475, Code Pub. Ins., sale of liquors on university grounds. 

This also includes sales by druggists within the restricted district as ex- 
ceptions cannot be made by construction where the language is plain and un- 
equivocal : State v. Pomeroy, 68 Wash. 389. 



198 CODE OF PUBLIC INSTRUCTION 

431. Penalty 

Any person or persons violating the provisions of this act 
shall be deemed guilty of a misdemeanor and upon conviction 
thereof in any court of competent jurisdiction shall be punished 
by a fine of not less than two hundred (200) dollars, nor more 
than one thousand (1,000) dollars, or by both such fine and im- 
prisonment. (L. '09, p. 376, § 2; Rem. & Bal., § 4745.) 

TITLE IV 

CHAPTER 1— DESIGNATION AND INTENT OF ACT AND 
REPEALING CLAUSE 

432. Official title 

This act shall be known and cited as the Code of Public In- 
struction of the State of Washington. (L. '09, p. 376, § 1 ; 
Rem. & Bal., § 4746.) 

"Act" refers to chapter 97 of the Laws of 1909. 

433. Intention of act 

This act is intended to be and is amendatory of, and a re- 
codification as amended of, all laws relating to the public school 
system of the state of Washington. (L. '09, p. 376, § 2; Rem. 
& Bal., § 4747.) 

434. Repealing clause 

All acts and parts of acts inconsistent with or in conflict with 
the provisions of this act are hereby repealed. (L. '09, p. 376, 
§3.) 



STATE OF WASHINGTON 199 



MISCELLANEOUS LAWS RELATING TO SCHOOLS 



PUBLICATION OF ESTIMATES OF SCHOOL EXPENSES 

435. Detailed estimates of expenditures 

It shall be the duty of county commissioners, city and town 
councils^ and school directors of school districts lying wholly, 
or in part, within the limits of any incorporated city or town, 
on or before the first Monday in September of each year, to 
make estimates of the amount required to meet the public ex- 
pense for the ensuing year, and to be raised by taxation in such 
county, city, town, road, school or other taxing district. Such 
estimates shall be fully itemized, showing under separate heads 
the amount required for each department, public office, public 
official, for each public improvement, for the maintenance of each 
public building, structure, or institution, the salary of each 
public officer or employe, the maintenance of public highways, 
roads, streets, bridges, the construction, operation and main- 
tenance of each public utility, and shall contain a full and com- 
plete disclosure and statement of the contemplated expenditures 
for the ensuing year, showing the amount proposed to be ex- 
pended from each separate fund, and the total amount of public 
expense. Said statement shall also contain an estimate of the 
receipts for the ensuing year from sources other than direct 
taxation, and the amount, or amounts, proposed to be raised by 
taxation upon the real and personal property of such county, 
city, town, road, school, or other taxing district. (L. '09, p. 
531, § 1 ; Rem. & Bal., § 9208.) 

Note : This chapter applies only to school districts of the first or the second 
class. 

In making the tax levy for the ensuing year the officers cannot exceed the 
amount estimated. — Ltle. 

436. Publication of estimate 

The estimates required in section one (1) of this act, together 
with a notice that such board of county commissioners, city or 
town council, or board of school directors, will meet on the first 



200 CODE OF PUBLIC INSTRUCTION 

Monday in October for the purpose of making tax levies, as 
stated in said estimates, and naming the time and place of hold- 
ing such meeting, shall be published for at least two (2) con- 
secutive weeks following the adoption of such estimates as fol- 
lows : Estimates of expenditures, required to be disbursed by 
county commissioners, shall be published in the official news- 
paper of the county, if there be one ; if not, then in a newspaper 
of general circulation in such county. All other estimates shall 
be published in a newspaper of general circulation in such coun- 
ty, town, school, or other taxing district. (L. '09, p. 531, § 2; 
Rem. &Bal., § 9209.) 

See, supra, % 281, Code Pub. Ins. time of levying state school tax. 

437. Public hearing 

It shall be the duty of county commissioners, city and town 
councils, and of school directors of school districts, lying wholly, 
or in part, within the limits of any incorporated city or town, to 
meet on the first Monday in October, and at the time and place 
designated in said notice, when and where any taxpayer who 
may appear shall be heard in favor or against any proposed 
tax levies. When such hearing shall have been concluded, such 
county commissioners, city or town councils, and school directors 
shall proceed to make, determine, and decide the amount of 
taxes to be levied upon the current assessment rolls. All taxes 
shall be levied or voted in specific sums, and shall not exceed the 
amount specified in such published estimates. (L. '09, p. 532, 
§ 3; Rem. & Bah, § 9210.) 

438. Penalty 

Any person violating the provisions of this act shall be guilty 
of a misdemeanor, and upon conviction shall be fined in any sum 
not less than one hundred dollars, nor more than five hundred 
doUars. (L. '09, p. 532, § 4; Rem. & Bal. § 9211.) 

FIRE DRILLS 

439. Fire drills twice each month 

It shall be the duty of the principal or other person in charge 
of every public or private school or educational institution 



STATE OF WASHINGTON 201 

within the state, to instruct and train the pupils by means of 
drills, so that they may in a sudden emergency be able to leave 
the school building in the shortest possible time and without 
confusion or panic. Such drills or rapid dismissals shall be 
held at least twice in each month. (L. '09, p. 386, § 1 ; Rem. & 
BaL, § 4748.) 

The law requiring fire drills in schools does not apply to the state institu- 
tions at Chehalis, Monroe, Vancouver and Medical Lake. — Lxle. 

440. Penalty 

Neglect by any principal or other person in charge of any 
public or private school or educational institution to comply 
with the provisions of this act shall be a misdemeanor, punish- 
able at the discretion of the court by a fine not exceeding fifty 
($50.00) dollars. Such fine to be paid to the county treas- 
urer for the benefit of said school district. (L. '09, p. 386, § 1 ; 
Rem. & BaL, § 4749.) 

441. Publication of this act 

It shall be. the duty of the board of directors or other body 
having control of the schools in any town or city to cause a 
copy of this act to be printed in the manual or handbook pre- 
pared for the guidance of teachers, where such manual or hand- 
book is in use or may hereafter come into use. It shall be the 
duty of the Superintendent of Public Instruction to cause a 
copy of this act to be published in the Washington State 
Manual. (L. '09, p. 386, § 3 ; Rem. & BaL, § 4750.) 

442. Colleges and universities excepted 

The provisions of this act shall not apply to colleges or uni- 
versities. (L. '09, p. 386, § 4; Rem. & BaL, § 4751.) 

PROHIBITING CHILD LABOR 

443. Child labor forbidden 

That no person under the age of nineteen years shall be em- 
ployed as a public messenger by any person, telegraph com- 
pany, telephone company, or messenger company in any city of 
the first class in this state, nor shall any child of either sex un- 
der the age of fourteen years be hired out to labor in any fac- 



202 CODE OF PUBLIC INSTRUCTION 

tory, mill, workshop or store at any time : Provided, That any 
superior court judge may issue a permit for the employment of 
any child between the ages of twelve and fourteen years at any 
occupation, not in his judgment dangerous or injurious to the 
health or morals of such child, upon evidence satisfactory to 
him that the labor of such child is necessary for its support or 
for the assistance of any parent: And provided further. That 
the judge of the juvenile court may issue permits for the em- 
ployment of any male child over fourteen years of age, as mes- 
senger by telegraph, telephone and messenger companies sub- 
ject to such limitations and conditions as may be imposed by 
said court. All permits herein provided for shall be issued for 
a definite time and shall be revocable at the discretion of the 
judge by whom issued. (L. '07, p. 238, § 1; Rem. & Bal., 
§ 6570.) 

See, supra, §§ 392-396, Code Pub. Ins., compulsory school laws. 

Laws of 1903, page 261, providing that children under fourteen years of age 
shall not be "hired out," is intended to forbid their employment, as well as 
hiring out by parents, and the prohibition extends to all connected therewith, 
making the employment itself illegal : Kirkham v. Wheeler-Osgood Co., 39 
Wash. 415. . 

444. Penalty 

Any employer, or any overseer, superintendent, or agent of 
such person, telegraph company, telephone company or messen- 
ger company who shall violate any of the provisions of this act, 
shall, upon conviction thereof, be fined for each offense not less 
than ten dollars nor more than five hundred dollars, or be im- 
prisoned in the county jail not to exceed six months, or by both 
such fine and imprisonment. (L, '07, p. 238, § 2 ; Rem. & Bal., 
§6571.) 

EMINENT DOMAIN 

445. Eminent domain extended to public lands 

All state, county and school districts, or other lands belong- 
ing to other public corporations, shall be subject to the pro- 
visions of this act and such corporations, by and through their 
proper authorities, shall be made parties in all proceedings 
therein affecting said lands, and shall have the same rights and 
liable to the same right of eminent domain as private per- 



STATE OF WASHINGTON 203 

sons, and the lands shall be subject to the right of eminent do- 
main the same as the land of private persons or corporations. 
(L. '09, Ex. Ses., p. 34, § 43; Rem. & Bal., § 8208.) 

"This act" refers to commercial waterways. 

446. Assessment of benefits against state and municipalities — Pay- 

ment 

In case lands belonging to the state, county and school dis- 
trict, or other public corporations, are benefited by any improve- 
ment instituted under the provisions of this act, all benefits shall 
be assessed against said lands, and the same shall be paid by the 
proper authorities of such public corporations at the times and 
in the same manner as assessments are called and paid in case 
of private persons out of any general fund of such corporation. 
(L. '09, Ex. Ses., p. 34, § 44; Rem. & Bal., § 8209.) 

CARNEGIE FUND 

447. Application for Carnegie fund authorized 

The board of regents of the University of Washingl^in and the 
board of regents of the State College of Washington are au- 
thorized to apply for participation by the said university and 
State College of Washington in the fund of the Carnegie foun- 
dation for the advancement of teaching, and from time to time 
to make application for allowances for such persons as may be 
eligible to receive the same under the rules laid down by the 
board of trustees of the Carnegie foundation for the advancement 
of teaching. (L. '09, p. 53, § 1 ; Rem. & Bal., § 4551.) 

See, supra, § 36 et seq.. Code Pub. Ins., regents of State College. 
See, supra, § 14 et seq.. Code Pub. Ins., University of Washington. 

VACANCIES IN STATE BOARD 

448. Vacancies 

Whenever any vacancy in the board shall occur, whether by 
death, removal, resignation or otherwise, the Governor shall fill 
the vacancy by appointment. (L. '97, p. 367, § 26 ; Rem. & 
Bal., § 4304.) 

The force of this section, relating to the State Board of Education, is doubt- 
ful. 

See, supra, § 11 e* seq.. Code Pub Ins., powers and duties of board. 



204 CODE OF PUBLIC INSTRUCTION 

LEGAL RATE OF INTEREST ON SCHOOL WARRANTS 

449. Interest on school warrants 

All county, city, town and school warrants, and all warrants 
or other evidences of indebtedness, drawn upon or payable from 
any public funds, shall bear interest at a rate not greater than 
eight per centum per annum, unless a less rate be specified 
therein. (L. '99, p. 129, § 4; Rem. & Bal., § 6253.) 

state warrants draw interest only from the date of their presentation to 
the treasurer and his endorsement thereon, "Not paid for want of funds," at 
the legal rate prevailing at the date of presentation and not that in force at 
the date of issuance, under the statutes of this state : State ex rel. Capital Nat. 
Bank v. Young, 22 Wash. 547. 

450. Issuing officer to regulate rate 

It shall be the duty of every public officer issuing public war- 
rants to make monthly investigation to ascertain the market 
value of the current warrants issued by him, and he shall, so far 
as practicable, fix the rate of interest (not in any event, how- 
ever, exceeding the maximum rate hereinbefore established there- 
for) on the warrants issued by him during the ensuing month, 
so that the par value shall be the market value thereof. (L. '99, 
p. 129, § 5 ; Rem. & BaL, § 6254.) 

STATE TAX FOR INSTITUTIONS OF HIGHER EDUCATION 

451. Definition of terms 

The terms "State Institutions of Higher Education" as used 
in this act shall include the University of Washington, the Wash- 
ington State College, the State Normal School at Cheney, the 
State Normal School at Ellensburg, and the State Normal 
School at Bellingham. (L. '11, p. 340, § 1.) 

452. Funds created 

There is hereby created a fund to be known as the "University 
Fund;" a fund to be known as the "Washington State College 
Fund;" a fund to be known as the "Cheney Normal School 
Fund;" a fund to be known as the "Ellensburg Normal School 
Fund ;" and a fund to be known as the "Bellingham Normal 
School Fund." (L. '11, p. 340, § 2.) 

See, infra, §§ 538-548, Code Pub. Ins., other funds. 



STATE OP WASHINGTON 205 

453. Where paid 

All moneys arising from the tax herein directed to be levied 
for the said several institutions of higher education shall be 
paid into the respective funds hereby created. (L. '11, p. 340, 
§3.) 

454. Tax levy 

The State Board of Equalization shall, beginning with the 
fiscal year 1912 and annually thereafter, at the time of levying 
taxes for state purposes, levy upon all property subject to tax- 
ation a tax of forty-seven and one-half one-hundredths (47^2" 
100) of one mill for the State University Fund ; thirty-two and 
one-half one-hundredths (321/2-100) of one mill for the Wash- 
ington State College Fund; nine one-hundredths (9-100) of 
one mill for the Cheney Normal School Fund ; seven one- 
hundredths (7-100) of one mill for the EUensburg Normal 
School Fund; and nine one-hundredths (9-100) of one mill for 
the Bellingham Normal School Fund. After January 1, 1916, 
it shall be the duty of the Governor upon request of the presi- 
dent of any of the institutions of higher learning to appoint a 
commission of five members to investigate reasons for changing 
the levy herein provided for, and to report to him in time for 
action, if any is necessary, by the legislature of 1917. (L. '11, 
p. 340, § 4.) 

455. Purpose 

All sums of money produced by said tax shall be placed in 
said several funds and hereby set apart for the use of the sev- 
eral institutions herein provided for, for the purpose of mainten- 
ance, repairs and construction of buildings, and equipment 
thereof. (L. '11, p. 341, § 5.) 

DUTIES OP PROSECUTING ATTORNEY 

456. Attorney for school districts, etc. 

The prosecuting attorney of each county shall have author- 
ity and it shall be his duty, subject to the supervisory control 
and direction of the Attorney General, to appear for and repre- 



206 CODE OF PUBLIC INSTRUCTION 

sent the state and the county and all school districts in the county 
in which he is a prosecuting attorney, in all criminal and civil 
actions and proceedings in such county in which the state or such 
county or such school district is a party. (L. '11, p. 375, § 1.) 

PERMANENT FIRE INSURANCE FUND IN DISTRICTS OF THE 

FIRST CLASS 

457. Power to create 

That school districts of the first class shall, when in the judg- 
ment of the boards of directors it be deemed expedient, have 
power to create and maintain a permanent insurance fund for 
said districts, to be used to meet losses by fire, if any, of said 
school districts. (L. '11, p. 378, § 1.) 

The trustees of a state normal school have the power to place insurance on 
buildings. — Ltle. 

458. Power of directors 

The board of directors shall annually, at the same time and 
in the same manner as provided for reporting to the board of 
county commissioners an estimate of the amount of funds re- 
quired for the support of the schools, report the additional 
amount of funds determined upon for creating or adding to the 
permanent insurance fund of the district, and the board of 
county commissioners are hereby authorized and required to 
levy and collect such additional amount of funds, the same as 
other school taxes. (L. '11, p. 378, § 2.) 

See, supra, § 191, Code Pub. Ins., powers of directors in districts of the first 
class. 

459. Treasurer may invest funds 

The county treasurer, when authorized to do so by the board 
of directors of any school district, may invest any accumulated 
permanent insurance fund of said district in school, county, or 
state warrants of the state of Washington, and all profits ac- 
cruing from such investment, and the funds so invested, shall re- 
vert to the permanent insurance fund of said district, and the 
county treasurer shall be the custodian of all warrants pur- 
chased by and with said permanent insurance fund until the 



STATE OF WASHINGTON gQY 

same are redeemed, and the county treasurer shall submit a 
statement of such fund and warrants as a part of his monthly 
report to each district. (L. '11, p. 378, § 3.) 

See, supra, § 239, Code Pub. Ins., duties of county treasurer. 

COMMUNITY PURPOSES— BUILDINGS 

460. Wider use of school buildings — Erection of teachers' cottages 

That school boards in each district of the second class and 
third class may provide for the free, comfortable and convenient 
use of the school property to promote and facilitate frequent 
meetings and association of the people in discussion, study, im- 
provement, recreation and other community purposes, and may 
acquire, assemble and house material for the dissemination of in- 
formation of use and interest to the farm, the home and the 
community, and facihties for experiment and study, especially 
in matters pertaining to the growing of crops, the improvement 
and handling of live stock, the marketing of farm products, the 
planning and construction of farm buildings, the subjects of 
household economies, home industries, good roads, and commun- 
ity vocations and industries ; and may call meetings for the con- 
sideration and discussion of any such matters, employ a special 
supervisor, or leader, if need be, and provide suitable dwellings 
and accommodations for teachers, supervisors and necessary as- 
sistants. (L. '13, p. 395, § 1.) 

461. Districts may erect communai assembly place 

That each school district of the second or third class, by itself 
or in combination with any other district or districts, shall have 
power, when in the judgment of the school board it shall be 
deemed expedient, to re-construct, remodel, or build school 
houses, and to erect, purchase, lease or otherwise acquire other 
improvements and real and personal property, and establish a 
communal assembly place and appurtenances, and supply the 
same with suitable and convenient furnishings and facilities for 
the uses mentioned in section 1 of this act. (L. '13, p. 396, § 2.) 



208 CODE OF PUBLIC INSTRUCTION 

462. Commission to pass upon plan 

That plans of any district or combination of districts for 
the carrying out of the powers granted by this act shall be sub- 
mitted to and approved by the board of supervisors composed 
of seven members, as follows : the State Superintendent of Pub- 
lic Instruction ; the head of the extension department of Wash- 
ington State College; the head of the extension department of 
the University of Washington ; the county superintendent of 
schools of the county in which such facilities are proposed to be 
located ; these four to choose a fifth member from such county, 
and a sixth and seventh member, one of whom shall be a woman, 
from the district or districts concerned. (L. '13, p. 396, § 3.) 

463. Limitation of expenditures 

No real or personal property or improvements shall be pur- 
chased, leased, exchanged, acquired or sold, nor any school 
houses built, remodeled or removed, nor any indebtedness incur- 
red or money expended for any of the purposes of this act ex- 
cept in the manner provided by law for the purchase, lease, ex- 
change, acquisition and sale of school property, the building, re- 
modeling and removing of school houses and the incurring of in- 
debtedness and expenditure of money for school purposes. 
(L. '13, p. 396, § 4.) 

A board inquires whether it will have power to erect an addition to house 
manual training and domestic science, without the formality of an election. 
From section 4 of chapter 129, Laws of 1913, it will appear that the status 
of the board of directors is the same with respect to obtaining the consent of 
the electors as they were before the law was passed. — Ltle. 

DOORS OP PUBLIC BUILDINGS TO SWING OUTWARD 

464. Doors of school buildings 

The doors of all theatres, opera houses, school buildings, 
churches, public halls, or places used for public entertainments, 
exhibitions or meetings, which are used exclusively or in part for 
admission to or egress from the same, or any part thereof, shall 
be so hung and arranged as to open outwardly, and during any 
exhibition, entertainment or meeting, shall be kept unlocked and 
unfastened, and in such condition that in case of danger or 



STATE OF WASHINGTON 209 

necessity, immediate escape from such building shall not be pre- 
vented or delayed; and evei-y agent or lessee of any such build- 
ing who shall rent the same or allow it to be used for any of the 
aforesaid public purposes without having the doors thereof 
hung and arranged as hereinbefore provided, shall, for each vio- 
lation of any provision of this section, be ' guilty of a misde- 
meanor. (L. '09, p. 974, § 273; Rem. & Bal., § 2525.) 

THE STATE MUSEUM AT THE UNIVERSITY OP WASHINGTON 

465. Museum 

The museum of the University of Washington is hereby con- 
stituted the state museum as a depository for the preservation 
and exhibition of documents and objects possessing an historical 
value, of materials illustrating the fauna, flora, anthropology, 
mineral wealth, and natural resources of the state, and for all 
documents and objects whose preservation will be of value to 
the student of history and the natural sciences. (L. '99, p. 40, 
§ l;Rem. & Bal., § 6992.) 

466. Officials shall collect materials 

It shall be the duty of all boards, commissioners and officers 
acting under the authority of this state who, in the performance 
of their duties, may come into possession of any documents or 
material having an historical or scientific value to send for pres- 
ervation and exhibition all such documents or material, unless 
otherwise by law provided for, to the state museum constituted 
by section 1 of this act. (L. '99, p. 40, § 2 ; Rem. & Bal., 
§ 6993.) 

467. Private persons may contribute 

This museum may receive all such above named documents or 
material for preservation and exhibition from any private per- 
son under such rules and regulations as the board of regents of 
the University of Washington may deem proper to make for 
the care of the aforesaid museum. (L. '99, p. 40, § 3 ; Rem. & 
Bal, § 6994.) 



glO CODE OF PUBLIC INSTRUCTION 

468. Regents have charge 

The board of regents of the University of Washington ex 
officio shall have full charge and management of the state mus- 
eum hereby created. (L. '99, p. 41, § 4; Rem. & Bal., § 6995.) 

NORMAL MODEL SCHOOL 

469. Trustees to estimate number of pupils required for model school 
The board of trustees of any normal school having a model 

school or training department in connection therewith, as auth- 
orized by section 4367 shall be authorized, and it shall be their 
duty on or before the first Monday of September each year, to 
file with the board of the school district in which such normal 
school is situated, a certified statement showing an estimate of 
the number of public school pupils who will be required to make 
up such model school, specifying the number required for each 
grade for which training for students is required. (L. '07, p. 
180, § 1 ; Rem. & Bal.„ § 4368.) 

The present force of this and the next two sections is doubtful, as they were 
omitted from the "School Code" of 1909. 

See, supra, § 54, Code Pub. Ins., model school. 
See note § 471, Code Pub. Ins. 

470. Selection of pupils from public schools 

It shall thereupon be the duty of the board of the school dis- 
trict with which such statement has been filed, to apportion for 
attendance to the said training school, a suflicient number of 
pupils from the public schools under the supervision of said 
board as will furnish to such normal school the number of pupils 
required in order to maintain such training school: Provided, 
That the principal of said normal school may refuse to accept 
such pupil as in his judgment by reason of incorrigibility, or 
mental defects would tend to reduce the efficiency of said train- 
ing department. (L. '07, p. 181, § 2; Rem. & Bal., § 4369.) 

See note to next section. 

471. Report of attendance of common school pupils 

Annually on or before the date for reporting the school at- 
tendance of the school district in which said normal school is 



STATE OF WASHINGTON gn 

situated, for the purpose of taxation for the support of the com- 
mon schools, the board of trustees in each normal school shall 
file with the board of the school district in which such normal 
school is situated, a report showing the number of common 
school pupils in attendance at each such normal school, during 
the school year last past, and the period of their attendance in 
the same form that reports of public schools are made. The 
clerk of such school district shall, in reporting the attendance 
in said school district, segregate the attendance at said model 
school, from the attendance in the other schools of said dis- 
trict. (L. '07, p. 181, § 3 ; Rem. & Bal., § 4370.) 

See note, supra, § 469, Code Pub. Ins. 

Section 4 of this act requiring the state superintendent to apportion part 
of the funds of the common schools of the district to the support of the model 
training school is omitted as void. 

Laws '07, page 181, § 4, violates constitution, article IX, § 2, requiring the 
common school fund to be applied exclusively to the support of the common 
Sv.hools : School District v. Bryan, 51 Wash. 498. 

RESTRICTION OF VIVISECTION 

472. Vivisection 

No teacher or other person employed in any school in the 
state of Washington, except a medical or dental school, the 
medical or dental department of any school, shall practise vivi- 
section upon any vertebrate animal in the presence of any pupil 
in said school, or any child or minor there present; nor in such 
presence shall exhibit any vertebrate animal upon which vivi- 
section has been practised. (L. '97, p. 16, § 1 ; L. '97, p. 426, 
§ 178 ; Rem. & Bal., § 4703.) > 

See, infra, § 474, Code Pub. Ins., penalty. 

473. Dissection permitted, when 

Dissection of dead animals, or any portion thereof, in the 
schools of the state of Washington shall, in no instance, be for 
the purpose of exhibition, but in every case shall be confined 
to the class-room and the presence of those pupils engaged in 
the study illustrated by such dissection. (L. '97, p. 17, § 2 ; 
L. '97, p. 426, § 179; Rem. & Bal., § 4704.) 

See, infra, § 474, Code Pub. Ins., penalty. 



^12 CODE OF PUBLIC INSTRUCTION 

474. Violating vivisection law 

Any person violating the provisions of the last two sections, 
shall upon conviction thereof, be deemed guilty of a misdemean- 
or, and be fined in any sum of not less than fifty nor more than 
one hundred dollars. Said fine, when collected, shall be turned 
over to the county treasurer, and by him transmitted to the 
state treasurer, who shall place the same to the credit of the 
current school fund of the state. (L. '03, p. 329, § 5 ; Rem, & 
Bal., § 4705.) 

PROHIBITING SALES OF INTOXICATING LIQUORS 

475. Unlawful to sell intoxicating liquors on university grounds 

It shall be unlawful to sell any intoxicating liquors, with or 
without license, on the grounds of the University of Washing- 
ton, or within two miles thereof, excepting south half of sec- 
tion twenty-two, township twenty-five, range four east, and any 
license granted for the sale of such intoxicating liquors within 
said area shall be void. Said grounds of the University of 
Washington are otherwise known and described as follows : 
Fractional section sixteen, township twenty-five north, range 
four east of Willamette meridian. (L. '95, p. 134, § 1 ; Rem. 
& Bal., § 4742.) 

This and next section not included in scliool code of 1909. 

See, supra, % 430, Code Pub. Ins., sale of liquors near educational institutions. 

476. Penalty 

Any person or persons violating the provisions of the last 
preceding section shall be deemed guilty of a misdemeanor, and 
upon conviction thereof in any court of competent jurisdiction 
shall be punished by a fine of not less than one hundred nor 
more than one thousand dollars, or by imprisonment in the 
county jail for a term not less than six months nor more than 
one year, or by both such fine and imprisonment. (L. '95, p. 134, 
§ 2; Rem. & Bal., § 4743.) 

PROPERTY UNDER CONTRACT 

477. Land sold by municipality listed to whom 

Property held under a contract for the purchase thereof, be- 
longing to the state, county or municipality, and school and 



STATE OF WASHINGTON 213 

other state lands, shall be considered for all purposes of taxa- 
tion as the property of the person so holding the same. And 
no deed shall ever be executed until all taxes and municipal 
charges are fully paid thereon. (L. '97, p. 149, § 26 ; Rem. & 
Bal., § 9139.) 

A purchaser of state lands, holding the same under an executory contract until 
certain conditions are complied with, the title meanwhile remaining in the 
state, must pay the taxes thereon, under this section : Washington Iron Works 
Co. V. King County, 20 Wash. 150 ; Gray's Earior Co. v. Chehalis County, 23 
Wash. 369. 

FACILITIES FOR INSTRUCTION 

478. Authority of regents to expend income 

The board of regents is authorized to expend such portion of 
the income of the university fund as it may deem expedient for 
the purchase of apparatus, library, and cabinets of natural his- 
tory, providing suitable means to keep and preserve the same, 
and in the procurement of other means of facility for instruc- 
tion. (L. '90, p. 397, § 8; Rem. & Bal., § 4325.) 

Query : Whether this section is superseded by § 18, supra. 
See, supra, § 18, Code Pub. Ins., powers and duties of regents. 

COMPULSORY EDUCATION 

479. Compulsory attendance at free government schools 

Whenever the government of the United States or the State 
of Washington shall erect, or cause to be erected and maintained, 
a school for general educational purposes within the State of 
Washington, and the expense of the tuition, lodging, food and 
clothing of the pupils therein is borne by the United States or 
the state of Washington, it shall be compulsory on the part of 
every parent, guardian or other person in the state of Wash- 
ington having control of a child or children between the ages of 
five and eighteen years, eligible to attend said school, to send 
such child or children to said school for a period of nine months 
each year, or during school for a period of nine months each 
year, or during the annual term, unless such child or children 
is or are excused from such attendance by the principal or su- 
perintendent of said school, upon it being shown to the satis- 



214 CODE OP PUBLIC INSTRUCTION 

faction of said principal or superintendent that the bodily or 
mental condition of such child or children has been and is such 
as to prevent his, her or their attendance at school, or applica- 
tion at study for the period required, or that such child or chil- 
dren is or are taught in the public schools, private schools, or 
other schools, or at home in such branches as are usually taught 
in the public schools : Provided, That is case the government of 
the United States or the state of Washington, does not make 
provision for the free transportation of said child or children to 
and from their homes to said school, then he, she or they shall 
not be liable to the provisions of this act, unless they reside less 
than ten miles from said school. (L. '03, p. 107, § 1 ; Rem. & 
Bal., § 4726.) 

"Act" refers to §§479-483, Code Pub. Ins. 

480. Demand for attendance 

It shall be the duty of all principals and superintendents of 
the school or schools mentioned in this act, before attempting to 
enforce the provisions of this act hereinafter mentioned to serve, 
or cause to be served, a demand for the attendance of certain 
children, naming them, and also designating the school to which 
their attendance is required, upon the parent, guardian or other 
person having charge of said child or children as may be eligi- 
ble to attend said school over which he has charge, and a copy 
of this act; and such parent, guardian or other person having 
charge of said child or children shall have ten days to either de- 
liver said child or children at said school, or to the principal or 
superintendent thereof, or furnish satisfactory proof that the 
bodily or mental condition of said child or children does not 
admit of attendance. (L. '03, p. 108, § 2 ; Rem. & Bal., §4727.) 

481. Failure of parents etc., to comply 

If at the expiration of ten days after such notice or demand 
the parents, guardian or other persons having charge of said 
child or children shall have failed or refused to comply with this 
act, the principal or superintendent shall cause a demand to be 
made upon such parent, guardian or other person for the amount 
of the penalty hereinafter provided ; and if such parent, guard- 



STATE OF WASHINGTON 315 

ian, or person shall neglect or refuse to pay the same with- 
in five days after making said demand, the superintendenfb 
or principal shall commence proceedings in the name of the 
state for recovery of the fine hereinafter provided before any 
court having jurisdiction: Provided, That nothing in this act 
shall apply to any child or children who is or are actually and 
necessarily compelled to labor for the support of such parent. 
(L. '03, p. 108, § 3; Rem. & Bal., § 4728.) 

482. Penalty 

Any parent, guardian or other person having control or 
charge of any child or children, failing to comply with the pro- 
visions of this act shall be liable to a fine of not less than five 
dollars nor more than twenty-five dollars, for the first offense, 
nor less than ten dollars nor more than fifty dollars for the sec- 
ond, and each subsequent offense, besides the cost of collection. 
(L. '03, p. 108, § 4 ; Rem. & Bal., § 4729.) 

483. Disposition of fines 

All fines collected under the provisions of this act shall be 
paid into the county treasury, the same to be placed to the 
credit of the general school fund. (L. '03, p. 108, § 5 ; Ren? 
& Bal., § 4730.) 

JUVENILE COURT LAW 

484. Dependent and delinquent children 

This act shall be known as the "Juvenile Court Law" and 
shall apply to all minor children under the age of eighteen 
years who are delinquent or dependent; and to any person or 
persons who are responsible for or contribute to, the delin- 
quency or dependency of such children. 

For the purpose of this act the words "dependent child" shall 
mean any child under the age of eighteen years : 

(1) Who is found begging, receiving or gathering alms, 
whether actually begging or under the pretext of selling, or 
offering anything for sale; or 

(2) Who is found in any street, road or public place for 
the purpose of so begging, gathering or receiving alms ; or 



216 CODE OF PUBLIC INSTRUCTION 

(3) Who is a vagrant; or 

(4) Who is found wandering and not having any home or 
any settled place of abode, or any proper guardianship, or any 
visible means of subsistence; or 

(5) Who has no parent or guardian; or who has no parent 
or guardian willing to exercise, or capable of exercising, proper 
parental control; or 

(6) Who is destitute; or 

(7) Whose home by reason of neglect, cruelty or depravity 
of its parents or either of them, or on the part of its guardian, 
or on the part of the person in whose custod}'' or care it may 
be, or for any other reason, is an unfit place for such child; or 

(8) Who frequents the company of reputed criminals, vag- 
rants or prostitutes ; or 

(9) Who is found living or being in any house of prosti- 
tution or assignation; or 

(10) Who habitually visits any billiard room or pool room; 
or any saloon, or place where spirituous, vinous, or malt liquors 
are sold, bartered, or given away ; or 

(11) Who persistently refuses to obey the reasonable and 
proper orders or directions of its parents or guardian ; or 

(12) Who is incorrigible; that is, who is beyond the con- 
trol and power of its parents, guardian, or custodian by reason 
of the vicious conduct or nature of said child; or 

(13) Whose father, mother, guardian or custodian is an 
habitual drunkard, or do not properly provide for such child, 
and it appears that such child is destitute of a suitable home or 
of adequate means of obtaining an honest living, or who is in 
danger of being brought up to lead an idle, dissolute or im- 
moral life ; or where such child is without proper means of sup- 
port ; or 

(14) Who is an habitual truant, as defined in the school 
laws of the state of Washington ; or 

(15) Who uses intoxicating liquor as a beverage, or who 
uses tobacco in any form, or who uses opium, cocaine, morphine, 



STATE OF WASHINGTON ^1*7 

or other similar drug, without the direction of a competent 
physician ; or 

(16) Who from any cause is in danger of growing up to 
lead an idle, dissolute or immoral life ; or 

(17)' Who wanders about in the night time without being on 
any lawful business or occupation ; or 

(18) Any child under the age of twelve years found peddling 
or selling any article, or singing or playing on any musical in- 
strument for gain upon the public street, or giving any public 
entertainment, or who accompanies, or is used in aid of, any per- 
son so doing: Provided, That this act shall not prohibit the 
giving of entertainments by regularly organized schools or so- 
cieties where twelve or more musical instruments are used. 

The words "delinquent child" shall include any child under 
the age of eighteen years who violates any law of this state, or 
any ordinance of any town, city, county or city and county of 
this state defining crime ; or who habitually uses vile, obscene, 
vulgar, profane or indecent language, or is guilty of immoral 
conduct ; or who is found in or about railroad yards or tracks ; 
or who jumps on or off trains or cars; or who enters a car or 
engine, without lawful authority. 

For the purpose of this act only, all delinquent and dependent 
children within the state shall be considered wards of this state 
and their persons shall be subject to the custody, care, guardian- 
ship and control of the court as hereinafter provided. (L. '13, 
p. 520, § 1.) 

485. Superior courts to be juvenile courts 

The superior courts in the several counties of this state shall 
have original jurisdiction in all cases coming within the terms 
of this act. In all trials under this act, any person interested 
therein may demand a jury trial, or the judge of his own mo- 
tion, may order a jury to try the case. In counties containing 
thirty thousand or more inhabitants, the judges of the superior 
court shall, at such times as they may determine, designate one 
or more of their number whose duty it shall be to hear all cases 
arising under this act. A special session to be designated as 



218 CODE OF PUBLIC INSTRUCTION 

the "Juvenile Court Session" shall be provided for the hearing 
of such cases and the findings of the court shall be entered in a 
book or books kept for the purpose, and known as the "Juvenile 
Record," and the court may, for cenvenience, be called the 
"Juvenile Court." (L. '13, p. 522, § 2.) 

486. Probation officers 

The court or judge designated as provided in section 2 of 
this act, shall appoint or designate one or more discreet persons 
of good character to serve as probation oiScers during the 
pleasure of the court, said probation officers to receive no com- 
pensation from the public treasury. In case a probation officer 
shall be appointed by any court, it shall be the duty of the 
clerk of the court, if practicable, to notify the said probation 
officer in advance when the child is to be brought before said 
court; it shall be the duty of said probation officers to make 
such investigation as may be required by the court. The pro- 
bation officer or officers shall inquire into the antecedents, char- 
acter, family history, environments and cause of dependency 
or delinquency of every alleged dependent or delinquent child 
brought before the juvenile court and shall make his report in 
writing to the judge thereof, shall be present in order to rep- 
resent the interests of the child when the case is heard, shall fur- 
nish the court such information and assistance as the judge 
may require, and shall take such charge of the child before and 
after the trial as may be directed by the court. In counties 
containing thirty thousand or more inhabitants when it shall 
appear that there is a necessity for such county officer, the 
court may appoint one or more persons to act as probation 
officers, and one or more persons who shall have charge of 
detention rooms or house of detention, all of whom shall be paid 
as compensation for their services, such sums as may be fixed by 
the board of county commissioners, and who shall be paid as 
other county officers are paid ; all probation officers shall possess 
all the powers conferred upon sheriffs and police officers to serve 
process and make arrests for the violation of any state law or 



STATE OP WASHINGTON 319 

city ordinances, relative to the care, custody, and control of de- 
linquent and dependent children. (L. '13, p. 522, § 3.) 

487. Expenses of probation officers 

The probation officers, and assistant probation officers, and 
deputy probation officers in all counties of the state shall be 
allowed such necessary incidental expenses as may be author- 
ized by the judge of the juvenile court, and the same shall be 
a charge upon the county in which the court appointing them 
has jurisdiction, and the expenses shall be paid out of the 
county treasury upon a written order of the judge of the ju- 
venile court of said county directing the county auditor to draw 
his warrant upon the county treasurer for the specified amount 
of such expenses. (L. '13, p. 523, § 4.) 

488. Petition to court to take charge of cliild 

Any person may file with the clerk of the superior court a 
petition showing that there is within the county, or residing 
within the county, a dependent or delinquent child and praying 
that the superior court deal with such child as provided in this 
act : Provided, That in counties having paid probation officers, 
such officers shall, as far as possible, first determine if such pe- 
tition is reasonably justifiable. Such petition shall be verified 
and shall contain a statement of facts constituting such de- 
pendency or delinquency, as defined in section 1 of this act, 
and the names and residence, if known to the petitioner, of 
the parents, guardian, or custodian of such dependent or delin- 
quent child. There shall be no fee for filing such petitions. (L. 
'13, p. 524, § 5.) 

489. Summons and notice of hearing 

Upon the filing of an information, or the petition, the clerk 
of the court shall issue a summons requiring the person having 
custody or control of the child, or with whom the child may be, 
to appear with the child at a place and time stated in the sum- 
mons, which time shall not be less than twenty-four hours after 
service. The parents of the child, if living, and their residence 
if known, or its legal guardian, if there be one or if there is 



g20 CODE OF PUBLIC INSTRUCTION 

neither parent nor guardian, or if his or her residence is not 
known, then some relative, if there be one, and his residence is 
known, shall be notified of the proceedings ; and in any case the 
judge shall appoint some suitable person or association to act 
in behalf of the child. If the person summoned as herein pro- 
vided shall fail without reasonable cause to appear and abide 
the order of the court, or bring the child, he shall be proceeded 
against as for contempt of court. In case the summons cannot 
be served or the parties served fail to obey same, and in any 
case when it shall be made to appear to the court that said 
summons will be ineffectual, a warrant may issue on the order 
of the court, either against the parent or guardian or the per- 
son having custody of the child, or with whom the child may be, 
or against the child itself. On return of the summons or other 
process, or as soon thereafter as may be, the court shall pro- 
ceed to hear and dispose of the case in a summary manner. 
Pending the final disposition of the case, the child may be re- 
tained in the possession of the person having charge of same, 
or may be kept in some suitable place provided by the city or 
county authorities, or by any association having for one of its 
objects the care of delinquent and dependent children. (L. '13, 
p. 524, § 6.) 

490. Publication of summons 

In any case where it shall appear by the petition or verified 
statement, that the person standing in the position of natural 
or legal guardian of the person of any child, is a non-resident 
of this state, or that the name or place of residence or where- 
abouts of such person is unknown, as well as in all cases where, 
after due diligence, the officer has been unable to make service 
of the summons or notice provided for in section 6 of this act, 
the court may, by order, direct the clerk of the court to publish 
a notice four consecutive weeks in some newspaper printed in 
the county and having a general circulation therein. Such no- 
tice shall be directed to the parent, parents, or other person 
claiming the right to the custody of the child, if their names 
are known, and if unknown, the phrase "To Whom It May 



STATE OF WASHINGTON 221 

Concern" shall be used and apply to, and be binding upon, any 
such persons whose names are unknown. The name of the court, 
the name of the child (or children if of one family), the date 
of the filing of the petition and the date of hearing, which shall 
not be less than twenty days from the date of the last publica- 
tion, and the object of the proceeding in general terms, shall 
be set forth and the whole shall be subscribed by the clerk. 
There shall be filed with the clerk an affidavit showing due pub- 
lication of the notice and the cost of publication shall be paid 
by the county at not to exceed the rate paid by the county for 
other legal notices. The publication of notice shall be deemed 
equivalent to personal service upon all persons, known or un- 
known, who have been designated as provided in this section. 
(L. '13, p. 525, § 7.) 

491. Commitment — Parent to support child 

When any child under the age of eighteen years shall be 
found to be delinquent or dependent, within the meaning of this 
act, the court may, at any time, make an order committing the 
child to some suitable institution, or to the care of some reput- 
able citizen of good moral character, or to the care of some 
training school or industrial school as provided by law, or to 
the care of some association willing to receive it, embracing in 
its objects the purpose of caring for or obtaining homes for 
dependent, neglected, or delinquent childen : Provided, Such 
order may be temporary or permanent in the discretion of the 
court and may be revoked or modified as the circumstances of 
the case may thereafter require. In any case in which the court 
shall find the child dependent or delinquent, it may in the 
same or subsequent proceeding upon the parent or parents, 
guardian, or other person having custody of said child, being 
duly summoned or voluntarily appearing, proceed to inquire 
into the ability of such persons or person to support the child 
or contribute to its support, and if the court shall find such 
person or persons able to support the child or contribute 
thereto, the court may enter such order or decree as shall be 
according to equity in the premises, and may enforce the same 



CODE OF PUBLIC INSTRUCTION 



by execution, or in any way in which a court of equity may 
enforce its decrees. If it be found, however, that the parent 
or parents or guardian of a dependent or delinquent child is 
unable to pay the whole expense of maintaining such child, and 
in cases where the child is committed to one of the institutions 
or associations above mentioned, the court may, in the order 
providing for the custody of such child, direct such additional 
amount as may be necessary to support such child to be paid 
from the county treasury of the county for the support of 
such person. The amount so ordered to be paid from the 
treasury of said county shall not exceed in the case of any 
one person, the sum of twelve dollars per month: Provided, 
further. That no order for the payment of all or part of the 
expense of support and maintenance of a dependent or de- 
linquent child from the county treasury shall be effective for 
more than six months, unless a new order is secured at the 
expiration of that period. (L. '13, p. 525, § 8.) 

492. Award and adoption of children 

In any case where the court shall award a child to the care 
of any association or individual, the child shall, unless other- 
wise ordered, become a ward and be subject to the guardian- 
ship of the association or individual to whose care it is com- 
mitted; such association shall have authority, with the assent 
of the court, to place such child in a family home, either tem- 
porarily or for adoption. With the written consent of the 
parents, or other person having the right, under the laws of 
this state, to dispose of a dependent or delinquent child, the 
court may make an order or decree of adoption transferring 
to any suitable person or persons, willing to receive such 
child, all the rights of the parent or other guardian. The 
order of the court made upon such consent will be binding 
upon the child and its parents or guardian, or other person, 
the same as if such person were in court and consented thereto, 
whether made a party to the proceedings or not. The estate 
or property rights of any child shall not be affected nor sub- 
ject to guardianship by the provisions of this act. The juris- 



STATE OF WASHINGTON 223 

diction of the court shall continue over every child brought 
before the court, or committed pursuant to this act, and the 
court shall have power to order a change in the care or cus- 
tody of such child, if at any time it is made to appear to the 
court that it would be for the best interests of the child to 
make such change. (L. '13, p. 527, § 9.) 

493. Court proceedings may be private 

The hearings may be conducted in any room provided for 
the purpose in the court house, or building where sessions of 
the court are held and, as far as practicable, such cases shall 
not be heard in conjunction with other business of the court. 
At the hearing of any case involving a child, the court shall 
have power to exclude the general public from the room where 
the hearing is had, admitting thereto only such persons as may 
have a direct interest in the case. Any child may have a private 
hearing upon the question of its dependency or delinquency, 
and upon the request of said child, or either of its parents, or 
guardian, or custodian, such, hearing may be had privately. 
An order of court adjudging a child dependent or delinquent 
under the provisions of this act shall in no case be deemed a 
conviction of crime. The probation officer's investigation rec- 
ord and report in each case, shall be withheld from public in- 
spection, but such records shall be kept open to the inspection 
of such child, its parents, or guardian, or its attorney, and 
to such other persons as may secure a special order of the 
court therefor. Such records shall be kept as unofficial records 
of the court and shall be destroyed at any time in the discretion 
of any judge presiding in said court on or before the child 
shall arrive at the age of twenty-one years. After acquiring 
jurisdiction over any child, the court shall have power to make 
an order with respect to the custody, care or control of such 
child, or any order, which in the judgment of the court, would 
promote the child's health and welfare. In any case of a de- 
linquent or dependent child, the court may continue the hear- 
ing from time to time, and may commit the child to the care 
or guardianship of a probation officer, duly appointed by the 



224 CODE OF PUBLIC INSTRUCTION 

court, and may allow such child to remain at its own home 
subject to the visitation of the probation officer, such child to 
report to the probation officer as often as may be required and 
subject to being returned to the court for further proceedings 
whenever such action may appear to be necessary, or the court 
may commit the child to the care and guardianship of the 
probation officer, to be placed in a suitable family home, in 
case provision is made by voluntary contribution or otherwise 
for the payment of the board of the child until a suitable 
provision may be made for the child in a home without such 
payment, or the court may commit the child to a suitable 
institution for the care of delinquent or dependent children. 
In no case shall a child be committed beyond the age of twenty- 
one years. A child committed to such institution shall be 
subject to the control thereof and the said institution shall 
have the power to parole such child, on such conditions as 
may be prescribed, and the court shall have power to dis- 
charge such child from custody, whenever, in the judgment 
of the court, his or her reformation shall be complete; or the 
court may commit the child to the care and custody of some 
association that will receive such child, embracing in its ob- 
jects the care of neglected, delinquent, and dependent children. 
(L. '13, p. 527, § 10.) 

494. Child not to be detained in jail 

No court or magistrate shall commit a child under sixteen 
years of age to a jail, common lock-up, or police station; 
but if such child is unable to give bail, it may be committed 
to the care of the sheriff, police officer, or probation officer, 
who shall keep such child in some suitable place or house or 
school of detention provided by the city or county, outside 
the enclosure of any jail or police station, or in the care of 
any association willing to receive it and having as one of its 
objects the care of delinquent, dependent or neglected children. 
When any child shall be sentenced to confinement in any in- 
stitution to which adult convicts are sentenced, it shall be un- 
lawful to confine such child in the same building with such 



STATE OP WASHINGTON 225 



adult convicts, or to bring such child into any yard or build- 
ing in which such adult convicts may be present. (L. '13, p. 
529, § 11.) 

495. Justice court cases transferred to juvenile court 

When, in any county where a court is held as provided in 
section 2 of this act, a child under the age of eighteen years 
is arrested with or without warrant, such child may, instead 
of being taken before a justice of the peace or police magis- 
trate, be taken directly before such court; or if the child is 
taken before a justice of the peace or police magistrate, it 
shall be the duty of such justice of the peace or police magis- 
trate to transfer the case to such court, and the officer having 
the child in charge shall take the child before that court, and 
in any such case, the court may proceed to hear and dispose 
of the case in the same manner as if the child had been brought 
before the court upon petition as hereinbefore provided. In 
any such case, the court shall require notice to be given and 
investigation to be made as in other cases under this act, and 
may adjourn the hearing from time to time for such purpose. 
If, upon investigation, it shall appear that a child has been 
arrested upon the charge of having committed a crime, the 
court, in its discretion, may order such child to be turned over 
to the proper officers for trial under the provisions of the 
criminal code. (L. '13, p. 529, § 12.) 

496. Detention rooms required 

Counties containing more than fifty thousand inhabitants 
shall, and counties containing a lesser number of inhabitants 
may, provide and maintain at public expense, a detention room 
or house of detention, separated or removed from any jail, or 
police station, to be in charge of a matron, or other person 
of good character, wherein all children within the provisions 
of this act shall, when necessary, be sheltered. (L. '13, p. 530, 
§ 13.) 



226 CODE OF PUBLIC INSTRUCTION 

497. Liberal construction of act 

This act shall be liberally construed to the end that its 
purpose may be carried out, to-wit : that the care, custody 
and discipline of a dependent or delinquent child as defined in 
this act shall approximate as nearly as may be that which 
should be given by its parents, and in all cases where it can 
be properly done, the dependent or delinquent child as defined 
in this act shall be placed in an approved family and may be- 
come a member of the family, by adoption or otherwise. No 
dependent or delinquent child as defined in this act shall be 
taken from the custody of its parent, parents or legal guar- 
dian, without the consent of such parent, parents or guardian, 
unless the court shall find such parent, parents or guardian 
is incapable or has failed or neglected to provide proper main- 
tenance, training and education for said child; or unless said 
child has been tried on probation in said custody, and has 
failed to reform, or unless the court shall find that the welfare 
of said child requires that his custody shall be taken from 
said parent or guardian. In this act, the words used in any 
gender shall include all other genders, and the word "county" 
shall include "city and county," the plural shall include the 
singular and the singular shall include the plural. (L. '13, p. 
530, § 14.) 

498. Court may change order 

Any order made by the court in the case of a dependent or 
delinquent child may at any time be changed, modified or set 
aside, as to the judge may seem meet and proper. (L. '13, p. 
530, § 15.) 

499. Fees not allowable 

No fees shall be charged or collected by any officer or other 
person for filing petition, serving summons, or other process 
under this act. (L. '13, p. 531, § 16.) 

500. Penalty for delinquency of child 

In all cases where any child shall be dependent or delin- 
quent under the terms of this act, the parent or parents, legal 



STATE OF WASHINGTON 227 

guardian or person having custody of such child, or any other 
person who shall by any act or omission, encourage, cause or 
contribute to the dependency or delinquency of such child shall 
be guilty of a misdemeanor, and upon conviction thereof, shall 
be punished by fine not exceeding one thousand dollars, or im- 
prisonment in the county jail for not more than one year, or 
by both such fine and imprisonment, and the juvenile court 
shall have jurisdiction of all such misdemeanors : Provided, 
however. That the court may suspend sentence for a violation 
of the provisions of this section and impose conditions as to 
conduct in the premises of any person so convicted, and make 
such suspension to depend upon the fulfillment by such person 
of such conditions, and, in case of the breach of such condi- 
tions, or any thereof, the court may impose sentence as though 
there had been no such suspension. The court may also, as a 
condition of such suspension, require a bond in such sum as 
the court may designate, to be approved by the judge requir- 
ing same, to secure the performance by such persons on the 
conditions imposed by the court on such suspension. Such 
bond shall, by its terms, be made payable to the State of Wash- 
ington, and any moneys received for a breach thereof shall 
be paid into the county treasury. (L. '13, p. 531, § 17.) 

501. Board of visitation 

In each county, the judge presiding over the juvenile court 
sessions, as defined in this act, may appoint a board of four 
reputable citizens, who shall serve without compensation, to 
constitute a board of visitation, whose duty it shall be to visit 
as often as twice a year all institutions, societies and associa- 
tions within the county receiving children under this act, as 
well as all homes for children or other places where individuals 
are holding themselves out as caretakers of children, also to 
visit other institutions, societies and associations within the 
state receiving and caring for children, whenever requested to 
do so by the judge of the juvenile court: Provided, The actual 
expenses of such board may be paid by the county commission- 
ers when members thereof are requested to visit institutions 



228 CODE OF PUBLIC INSTRUCTION 

outside of the county seat, and no member of the board shall 
be required to visit any institution outside the county unless 
his actual traveling expenses shall be paid as aforesaid. Such 
visits shall be made by not less than two members of the board, 
who shall go together or make a joint report. The board of 
visitors shall report to the court from time to time the con- 
dition of children received by or in charge of such institutions, 
societies, associations, or individuals. It shall be the duty of 
every institution, society, or association, or individual receiving 
and caring for children to permit any member or members of 
the board of visitation to visit and inspect such institution, 
society, association or home where such child is kept, in all its 
departments, so that a full report may be made to the court. 
(L. '13, p. 531, § 18.) 

502. Repealing clause 

Sections 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 
1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, and 
2004 of Remington and Ballinger's Annotated Codes and Stat- 
utes of Washington and chapter 56 of the Laws of 1911 are 
hereby repealed. (L. '13, p. 532, § 19.) 

STATE SCHOOL FOR GIRLS 

503. Name of school 

That there be established an institution which shall be known 
as the State School for Girls. (L. '13, p. 513, § 1.) 

504. Site 

The Governor shall appoint four electors of the State of 
Washington, two of whom shall be women, who, together with 
the members of the State Board of Control, shall select a site 
for such school, to consist of not more than one hundred 
sixty acres of fertile land, and at a cost not to exceed the sum 
of one hundred fifty dollars ($150) per acre, said site to be 
within a radius of not less than one mile and not more than ten 
miles of the State Training School at Chehalis. As soon as the 
site has been selected, the State Board of Control shall at once 
proceed to the erection and equipment of such buildings as 
may be necessary, the number, kind and character of which 



STATE OF WASHINGTON 229 

shall be determined by the State Board of Control acting as a 
joint commission with the four electors above mentioned. In 
the construction and arrangement of buildings, the cottage 
plan shall be followed as far as practicable, each cottage to 
provide for a group of not to exceed thirty girls : Provided, 
That the above named electors shall serve without compensation 
other than necessary expenses. (L. '13, p. 513, § 2.) 

505. Officers 

The government, control and business management of such 
school shall be vested in the State Board of Control. The board 
shall, with the approval of the Governor, appoint a suitable 
superintendent of said school and shall designate the number 
of subordinate officers and employes to be employed, and fix 
their respective salaries, and have power, with the like ap- 
proval, to make and enforce all such rules and regulations for 
the administration, government and discipline of the school as 
they may deem just and proper, not inconsistent with this act. 
The superintendent and all subordinate officers of the school 
shall be women: Promded, however. If a married woman be 
appointed superintendent or to any subordinate position, 
the husband of such appointeee may, with the consent of the 
board, reside at the institution, and may be assigned such du- 
ties or employment as the board may prescribe. (L. '13, p. 
514, § 3.) 

506. Superintendent to give bond 

Before entering upon the discharge of her duties, the super- 
intendent shall give a surety bond payable to the State of 
Washington in such sum as the Board of Control shall pre- 
scribe, to be approved by the said board, conditioned for the 
faithful performance of her duties, and that she will faithfully 
account for all moneys, property and effects of the institution 
or the inmates intrusted to her care. (L. '13, p. 514, § 4.) 

507. Duties of superintendent 

The superintendent, subject to the direction and approval 
of the Board of Control shall: (1) Have general supervision 
and control of the grounds and buildings of the institution, the 



230 CODE OF PUBLIC INSTRUCTION 

subordinate officers and employes, and the inmates thereof, 
and all matters relating to their government and discipline ; 
(2) make such rules, regulations and orders, not inconsistent 
with law or with the rules, regulations or directions of the 
Board of Control, as may seem to her proper or necessary for 
the government of such institution and for the employment, 
discipline and education of the inmates ; (3) exercise such other 
powers, and perform such other duties as the Board of Control 
may prescribe; and (4) have power to engage and remove all 
employes, subject to the approval of the Board of Control. (L. 
'13, p. 515, § 5.) 

508. Age of commitment 

Any girl more than ten and under eighteen years of age, 
who has been found delinquent under the juvenile delinquency 
law of this state, may be committed by the court to the State 
School for Girls, there to remain until twenty-one years of age, 
unless sooner paroled or discharged as provided in sections 8 
and 9 of this act, and such commitment shall not be subject 
to modification or revocation. (L. '13, p. 515, § 6.) 

509. Court record of girl 

The superior court shall cause a memorandum to be made 
and kept of the name, age, birthplace, occupation, last place 
of residence, and previous record of such girl, and the names 
and places of residence of the parents, next of kin or guardian 
of such girl, a copy of which shall be furnished to the superin- 
tendent at the time of the commitment to the school. The court 
shall find and determine the age of the girl, which shall be 
stated in the order for commitment. Such finding shall be con- 
clusive evidence as to such age in any action to recover damages 
for detention and shall be presumptivve evidence in any other 
inquiry, action or proceeding. (L. '13, p. 515, § 7.) 

510. Plan of parole 

The Board of Control, acting with the superintendent, shall, 
under a system of marks, or otherwise, fix upon a uniform plan 
by which girls may be paroled or discharged from the school, 
which system shall be subject to revision from time to time. 



STATE OF WASHINGTON 231 

Each girl shall be credited for personal demeanor, diligence in 
labor or study and for the results acomplished, and charged for 
derelictions, negligence or offense. The standing of each girl 
shall be made known to her as often as once a month. (L. 'IS, 
p. 516, § 8.) 

511. Conditional parole 

Every girl shall be entitled to a trial on parole before reach- 
ing the age of twenty years, such parole to continue for at least 
one year unless violated. The superintendent and resident phy- 
sician, with the approval of the Board of Control, shall deter- 
mine whether such parole has been violated. Any girl com- 
mitted to the school who shall escape therefrom or who shall 
violate a parole, may be apprehended and returned to the school 
by any officer or citizen on written order or request of the su- 
perintendent. Any person who shall go upon the school grounds 
except on lawful business, or by consent of the superintendent, 
or who shall entice any girl away from the school, or who shall 
in any way interfere with its management or discipline, shall 
be guilty of a misdemeanor. (L. '13, p. 516, § 9.) 

512. Girls must be of sound mind 

No girl shall be received in the State School for Girls who 
is not of sound mind, or who is subject to epileptic or other 
fits, or is not possessed of that degree of bodily health which 
should render her a fit subject for the discipline of the school. 
It shall be the duty of the court committing her to cause such 
girl to be examined by a reputable physician to be appointed 
by the court, who will certify to the above facts, which certificate 
shall be forwarded to the school with the commitment. Any 
girl who may have been committed to the school, not complying 
with the above requirements, may be returned by the superin- 
tendent to the court making the commitment, or to the officer 
or institution last having her in charge. The Board of Control 
shall arrange for the transportation of all girls to and from 
the school. (L. '13, p. 516, § 10.) 



232 CODE OF PUBLIC INSTRUCTION 

513. Teachers — Part of school system 

It shall be the duty of the superintendent, subject to the ap- 
proval of the Board of Control, to employ teachers, and as far 
as practicable, to instruct the girls in all of the branches usu- 
ally taught in the grades of the common schools of the state, 
also in such trades and vocational occupations as may be found 
desirable. The educational work of the school shall be a part 
of the educational system of the state, and as such shall be 
under the supervision of the State Board of Education. Only 
those certified by the State Superintendent of Public Instruc- 
tion shall be employed as teachers. (L. '13, p. 517, § 11.) 

514. Girls may receive wages or be apprenticed 

The superintendent shall have power to place any girl under 
the age of eighteen years at any employment for account of 
the institution or the girl employed, and receive and hold the 
whole or any part of her wages for the benefit of the girl less 
the amount necessary for her board and keep, and may also, 
with the consent of any girl over fourteen years of age, and 
the approval of the State Board of Control endorsed thereon, 
execute indentures of apprenticeship, which shall be binding on 
all parties thereto. In case any girl so apprenticed shall prove 
untrustworthy or unsatisfactory, the superintendent may per- 
mit her to be returned to the school, and the indenture may there- 
upon be cancelled. If such girl shall have an unsuitable em- 
ployer, the superintendent may, with the approval of the 
Board of Control, take her back to the school, and cancel the 
indenture of apprenticeship. All indentures so made shall be 
filed and kept in the school. A system may also be established, 
providing for compensation to girls for services rendered, and 
payments may be made from time to time, not to exceed in the 
aggregate to any one girl the sum of twenty-five dollars for 
each year of service. (L. '13, p. 517, § 12.) 

515. Transfer of girls from the State Training School at Chehalis 
As soon as the school buildings have been erected and equipped 

all girls then in the Washington State Training School at Che- 
halis, shall be transferred to the State School for Girls, all 



STATE OF WASHINGTON 333 

who may then be on parole shall be transferred to the super- 
vision of said school. Both shall thereafter be subject to all 
the laws, rules, and regulations governing the school last men- 
tioned. (L. '13, p. 517, § 13.) 

516. Appropriation 

There is hereby appropriated out of any money in the state 
treasury, not otherwise appropriated, the sum of one hundred 
and twenty-five thousand dollars ($125,000), or so much there- 
of as may be necessary to carry out the provisions of this act. 
(L. '13, p. 518, § 14.) 

THE STATE TRAINING SCHOOL 

517. Establishment of 

A reform school shall be and is hereby established to be 
known as the Washington State Training School. (L. '07, p. 
171, § 1 ; Rem. & Bal., § 8596.) 

See, supra, § 503, et seq.. Code Pub. Ins., Girls' State Training Scliool. 
For attempted legislation on tliis subject see, supra, § 63, Code Pub Ins., and 
note. 

518. Aim and purpose of 

Said school to be for the keeping and reformatory training 
of all youths between the ages of eight and eighteen who are 
residents of the state of Washington, and who, on presentation 
to the presiding officer of said school by an accompanying officer, 
parent, or guardian, shall be accompanied by a certificate of 
commitment from a court legally authorized to make such com- 
mitment. (L. '90, p. 272, § 2; Rem. & Bal., § 8597.) 

This section liarmonizes with § 64, supra. Code Pub. Ins. 
See note, supra, § 63, Code Pub. Ins. 

519. Bills to be certified, audited, etc. — Payment of 

All bills against the state for supplies or materials furnished 
or labor performed in connection with said school shall be cer- 
tified to by the president and secretary of the Board of Control, 
and such board shall not certify to any bill or sanction the pay- 
ment of any account for labor performed, or material or sup- 
plies furnished, except the same shall have been duly contracted 
for and the provisions of the contract fully complied with. All 



234 CODE OF PUBLIC INSTRUCTION 

bills and accounts of said school shall be audited by the State 

Auditor, who shall draw a warrant on the State Treasurer for 

the amount so certified to by the president and secretary of the 

board, which warrant shall state on its face the person in whose 

favor it is drawn, and for what particular purpose it was 

drawn ; but the Auditor shall draw no warrant for any bill or 

account connected with said school, except said bill or account be 

certified to according to the provisions of this act. (L. '90, 

p. 274, § 10; Rem. & Bal., § 8598.) 

The present force of this section is doubtful. 
See §§ 8931 and 8953, Rem, & Bal. 

520. Employment of director and matron — Appointments 

The superintendent shall have immediate control of the male 
department of said school, and shall, by and with the consent of 
the board, employ a matron who shall have immediate control 
of the female department of the school, and the superintendent 
shall also appoint such other officers and teachers as may be nec- 
essary for the management of the school. (L. '90, p. 275, § 13 ; 
Rem. & Bal., § 8599.) 

521. Superintendent to give bond 

The superintendent, before entering upon the duties of his 
office, shall execute and file with the board a bond, with good 
and approved sureties, in the sum of five thousand dollars, 
conditioned for the faithful performance of his duties as su- 
perintendent of said training school. (L. '90, p. 275, § 15 ; 
Rem. & Bal., § 8600.) 

522. Powers and duties of superintendent 

The superintendent shall be present at all meetings of the 
board after his appointment and qualification, and shall there 
confer with the board regarding the management and inter- 
ests of the school. He shall have entire supervision of the 
school, subject, however, to the control of the board, and shall 
hold his office during the pleasure of the same. (L. '90, p. 276, 
§ 16; Rem. & Bal., § 86OOI/2.) 

See, § 8936, Rem. & Bal., term of office four years. 



STATE OF WASHINGTON 235 

523. Investigation by board — inmate to be returned, wlien 

It shall be the duty of the board to investigate any and all 
complaints made against the superintendent, matron, or any 
employe of said training school, and for good and sufficient 
reason remove the person against whom such complaint have 
been made. The board shall further investigate any and all 
charges made by the superintendent against any inmate or 
inmates of the school, and if, after the investigation of such 
charges, any inmate or inmates of said school shall be found 
incorrigible, unmanageable, or detrimental to the best inter- 
ests of the school, such inmate or inmates, as the case may be, 
shall be returned to the court which made the commitment. 
(L. '90, p. 276, § 17; Rem. & Bal., § 8601.) 

524. Separation of sexes 

Said State Training School shall consist of two depart- 
ments, one for the male and one for the female inmates, and 
the two departments shall be entirely separate. The matron 
shall be directly accountable to the superintendent for the 
management of the female department of the school. (L. '90, 
p. 276, § 18; Rem. & Bal., § 8602.) 

See, supra, § 503, Code Pub. Ins., establishment of State Training School for 
Girls. 

525. Brandies to be tauglit and instruction given — Nature of 

All the branches taught in the public schools of the state 
shall be taught in the State Training School, and the inmates 
shall be taught and trained in morality, temperance, and fru- 
gality, and they shall also be instructed in the different trades 
and calKngs of the two sexes, as far as possible in the scope 
of the institution. (L. '90, p. 276, § 19 ; Rem. & Bal., § 8603.) 

See, supra, § 69, Code Pub. Ins., this section duplicated. 
See note, supra, § 63, Code Pub. Ins. 

526. Superintendent to mal<e report, when 

The superintendent shall, at the close of each year, make a 
full and complete report to the board of the condition, num- 
ber, and standing of the inmates of the school, as well as the 
number received and the number dismissed during the year, 



236 CODE OF PUBLIC INSTRUCTION 

and he shall give such further information as the board may 
. require. (L. '90, p. 276, § 21 ; Rem. & Bal., § 8604.) 

PARENTAL SCHOOLS 

527. Establishment in cities of 50,000 

In cities having a population of fifty thousand inhabitants or 
more, there may be established, maintained and conducted, one or 
more parental or truant schools, for the purpose of affording 
a place of confinement, discipline, instruction, and maintenance 
of children of compulsory school age who may be committed 
thereto in the manner hereinafter provided. (L. '03, p. 109, 
§ 1; Rem. & Bal., §8605.) 

See, supra, § 250, Code Pub. Ins., apportionment of funds. 
See, supra, § 484 et seq.. Code Pub. Ins., Juvenile Court Law. 

528. Sites purchased or leased — Location — Furnishing 

For the purpose of establishing such school or schools, sites 
may be purchased and buildings constructed or premises rented 
in the same manner as in the case of public schools in such cities. 
And in addition school or schools may be established and site 
or sites may be purchased and buildings constructed or prem- 
ises rented outside of said cities: Provided, No school or 
schools shall be established, or sites be purchased, any buildings 
constructed or premises rented which shall be distant more 
than ten miles from the city so establishing or erecting said 
schools or purchasing said site or sites : And, provided further. 
That no school shall be erected at or near any penal institution. 
And it shall be the duty of the board of directors to furnish all 
such schools which are by them at any place established, with 
said furniture, fixtures, apparatus and provisions as may be 
necessary for the maintenance and operation thereof. (L. '03, 
p. 109, § 2; Rem. & Bal., § 8606.) 

529. Superintendent, officers, teachers, etc. 

The board of directors may also employ a superintendent 
and all other necessary officers, agents and teachers, and shall 
prescribe the methods of discipline and the course of instruc- 
tion, and shall exercise the same powers and perform the same 



STATE OF WASHINGTON 337 

duties as is prescribed by law for the management of other 
schools. (L. '03, p. 110, § 3; Rem. & Bal., § 8607.) 

530. Religious services 

No religious instruction shall be given in such school, but the 
board of directors may make suitable regulations so that the 
inmates may receive religious training, either by allowing re- 
ligious services to be established in the institution, or by arrang- 
ing for attendance elsewhere. (L. '03, p. 110, § 4 ; Rem. & 
Bal., § 8608.) 

531. Petition to superior court for commitment 

It shall be the duty of any truant officer or agent of such 
board of directors to petition, and any reputable citizen of the 
city may petition the superior court, to inquire into the case 
of any child of compulsory school age, who is not attending 
school, or who has been guilty of habitual truancy, or of per- 
sistent violation of the rules of the public school, and the peti- 
tion shall also state the name, if known, of the father and mother 
of said child, or the survivor of them ; and if neither father or 
mother of said child is Hving or cannot be found in the county 
or if their names cannot be ascertained, then the name of the 
guardian if there be one known, and if there be a parent living 
whose name can be ascertained, or guardian, the petition shall 
show whether or not the father or mother or guardian consents 
to the commitment of child to such parental or truant school. 
Such petition shall be verified by oath upon the belief of the 
petitioner and upon being filed the judge of the superior court 
for such child named in the petition brought before him for 
the purpose of determining the application in said petition con- 
tained. But no child shall be committed to such school who has 
ever been convicted of any offense punishable by confinement in 
any penal institution. (L. '03, p. 110, §5; Rem. & Bal., 
§ 8609.) 

532. Procedure — Notice of hearing 

Upon the filing of such petition the clerk of the court shall 
issue a writ to the sheriff of the county directing him to bring 



ggg CODE OP PUBLIC INSTRUCTION 

such child before the court ; and if the court shall find that the 
material facts set forth in the petition are true, and in the opin- 
ion of the court such child is a fit person to be committed to 
such parental or truant school, an order shall be entered that 
such child be committed to such parental or truant school, to be 
kept there until he or she arrives at the age of fourteen years, 
unless sooner discharged in the manner hereinafter set forth. 
Before the hearing aforesaid, notice in writing shall be given 
to the parent or guardian of such child if known, of the pro- 
ceedings about to be instituted, that he or she may appear and 
resist the same if they so desire. (L. '03, p. 110, § 6; Rem. & 
Bal., § 8610.) 

533. Parents to provide clothing 

It shall be the duty of the parent or guardian of any child 
committed to this school to provide suitable clothing upon his 
or her entry into such school and from time to time thereafter 
as it may be needed, upon notice in writing from the superin- 
tendent or other proper officer of the school. In case any par- 
ent or guardian shall refuse or neglect to furnish such clothing 
the same may be provided by the board of school directors, and 
such board may have an action, in the name of said directors, 
against such parent or guardian of said child to recover the 
cost of such clothing with ten (10) per cent, addition thereto. 
(L. '03, p. Ill, § 7; Rem. & BaL, § 8611.) 

534. Rules and regulations by Board of Education — Parole 

The board of education of such city shall have power to estab- 
lish rules and regulations under which children committed 
to such parental or truant schools may be allowed to return 
home upon parole, but to remain while upon parole in the legal 
custody and under control of the officers and agents of such 
school, and subject at any time to be taken back within the in- 
closure of such school by the superintendent or any authorized 
officer of such school except as hereinafter provided; and full 
power to enforce such rules and regulations to take any such 
child upon parole is hereby conferred upon the board of school 
directors. No child shall be released upon parole in less than four 



STATE OF WASHINGTON 339 

weeks from the time of his or her commitment nor thereafter 
until the superintendent of such parental or truant school shall 
have become satisfied from the conduct of such child that if 
paroled, he or she will attend regularly the public or private 
school to which he or she may be sent by his or her parents or 
guardian, and shall so certify to said board of school directors, 
(L. '03, p. Ill, § 8; Rem. & Bal., § 8612.) 

535. Monthly reports — Final discharge 

It shall be the duty of the principal or other person having 
charge of the school to which such child so released on parole 
may be sent to report at least once each month to the superin- 
tendent of the parental or truant school stating whether or not 
such child attends school regularly, and obeys the rules and re- 
quirements of said school, and if such child so released upon 
parole shall be regular in his or her attendance at school and his 
or her conduct shall be satisfactory for a period of one year from 
date on which he or she was released upon parole, he or she shall 
then be finally discharged from the parental or truant school 
and shall not be committed thereto except upon petition as here- 
inbefore provided. (L. '03, p. Ill, § 9; Rem. & Bal., § 8613.) 

536. Violation of parole 

In case any child released from said school upon parole as 
hereinbefore provided shall violate the conditions of his or her 
parole at any time within one year thereafter, he or she shall 
upon the order of the board of school directors as hereinbefore 
provided, be taken back to such parental or truant school and 
shall not be again released upon parole within the period of 
three months from the date of such entry ; and if he or she shall 
violate the conditions of a second parole he or she shall be re- 
committed to such parental or truant school, and shall not be 
released therefrom on parole until he or she shall remain in such 
school at least one year. (L. '03, p. 112, § 10; Rem. & Bal., 
§ 8614.) 

537. Incorrigibles sent to reformatory 

In any case where a child is found to be incorrigible and his 
or her influence in such school to be detrimental to the inter- 



240 CODE OF PUBLIC INSTRUCTION 

ests of the other pupils, the board of directors may authorize the 
superintendent or any officer of the school to represent 
these facts to the superior court by petition, and the court shall 
have the power to commit such child to some reformatory insti- 
tution. (L. '03, p. 112, § 11 ; Rem. & Bal., § 8615.) 

STATE EDUCATIONAL FUNDS 

538. State University permanent fund 

There is here created in the state treasury a permanent and 
irreducible fund to be known as the "State University Perman- 
ent Fund," into which fund shall be paid all moneys now in the 
state treasury in either the "University of Washington Fund," 
the "University Fund," or the "State University Fund," and in- 
to which shall also be paid all moneys derived from the sales of 
lands granted, held or devoted to State University purposes. 
(L. '07, p. 394, § 1 ; Rem. & Bal., § 5041.) 

See, supra, § 281 et seq.. Code Pub. Ins., general and current state funds. 
See, supra, § 243 et seq.. Code Pub. Ins., apportionment of school funds. 

539. State University current fund 

There is hereby created in the state treasury a fund to be 
known as the "State University Current Fund," into which shall 
be paid all the interest and earnings of the State University 
permanent fund, and the rentals of all lands granted, held or 
devoted to State University purposes, and which shall be sub- 
jected to appropriation for State University purposes. (L. '07, 
p. 394, § 2; Rem. & Bal., § 5042.) 

540. Agricultural College current fund 

There is hereby created in the state treasury a fund to be 
known as "The current fund of the Agricultural College and 
School of Science." (L. '05, p. 73, § 1 ; Rem. & Bal., § 5043.) 

541. Same, payment of money into 

There shall be paid into said fund for the use and support of 
the Agricultural College and School of Science: First — All 
money heretofore collected or hereafter to be collected from the 
lease or rental of lands set apart by the enabling act or other- 



STATE OF WASHINGTON g^j 

wise for the Agricultural College and School of Science ; Second 
— All interest or income arising from the proceeds of the sale 
of any of said lands ; Third — All moneys received or collected 
as interest on deferred payments on contracts for the sale of 
such lands. (L. '05, p. 73, § 2 ; Rem. & Bal., § 5044.) 

542. Normal school 

There is hereby created in the state treasury a fund to be 
known as "The normal school current fund." (L. '05, p. 73, 
§ 3; Rem. & Bal., § 5045.) 

543. What moneys payable into fund 

There shall be paid into said "The normal school current 
fund" for the use and support of the normal schools of the 
state : First — All moneys heretofore collected or hereafter to be 
collected from the lease or rental of lands set apart by the en- 
abling act, or otherwise for the State normal schools ; Second — 
All interest or income arising from the proceeds of the sale of 
said lands ; Third — All moneys received or collected as interest 
on deferred payments on contracts for the sale of such lands. 
(L. '05, p. 73, § 4; Rem. & Bal., § 5046.) 

544. Disposition of lands for scientific school — Vested in regents 
The board of regents of the Agricultural College, Experi- 
ment Station and School of Science of the State of Washington 
is hereby authorized and directed to select and set aside for the 
purposes hereinafter described four full sections of land in lots 
of not less than forty acres each from the lands granted to the 
State of Washington for the establishment and maintenance of 
a scientific school and belonging to the Agricultural College 
and School of Science. The entire management, control and 
power of disposition of said four sections of land be and hereby 
are vested in the board of regents of the Agricultural College, 
Experiment Station and School of Science and subject to the 
provisions of this act. (L. '01, p. 170, § 1 ; Rem. & Bal., 
§ 5047.) 

"This act" refers to this and the next section. 

See, infra, § 600, Code Pub. Ins., acquisition of lands for experimental pur- 
poses. 



24,2 CODE OP PUBLIC INSTRUCTION 

545. Scientific School Fund 

There shall be kept by the State Treasurer a separate fund 
to be known as the Scientific School Fund, into which shall be 
paid all moneys received from the sale of the lands, or valuable 
material thereon, belonging to the Agricultural College and 
School of Science, which fund shall be paid out by the State 
Treasurer only upon warrants drawn by the State Auditor, 
which warrants shall be based upon proper vouchers of the 
board of regents of the Agricultural College and School of 
Science. (L. '01, p. 172, § 4; Rem. & Bal., § 5048.) 

546. Funds of State College — Duties of State Treasurer and State 

Auditor 

The State Treasurer shall hereafter constitute and be the 
treasurer of all funds belonging to the State College, Experi- 
ment Station and School of Science of the State of Washington, 
known as the State College of Washington. All moneys or 
funds received from the United States or from any other source 
whatsoever for the benefit of said State College or from the 
products or property of said college, or for the use of or belong- 
ing to said college shall be paid to and deposited with the State 
Treasurer; when so deposited the same shall be held as special 
funds for said college, and are hereby appropriated to the uses 
and purposes for which the same are received. Upon receipt 
of any funds belonging to said college by the State Treasurer, 
he shall issue duplicate receipts therefor and deposit one of such 
receipts with the State Auditor, who shall keep the accounts of 
said college as other accounts are kept, and shall draw warrants 
against said accounts upon the presentation of properly ex- 
ecuted vouchers therefor, but no warrant shall be drawn on any 
such fund for an amount in excess of the amount remaining in 
such fund. (L. '09, Ex. Ses., p. 36, § 1 ; Rem. & Bal., § 5049.) 

See, infra, § 598, Code Pub. Ins., disposition of appropriation. 

547. Investment of state educational funds — Board of Finance 
There is hereby created a board which shall be known and 

designated as the "State Board of Finance." Said board shall 
be composed of the Governor, State Treasurer and State Audit- 



STATE OF WASHINGTON 34,3 

or: Provided, however. That the Governor may designate and 
appoint some state officer as his representative. (L. '07, p. 16, 
§ 1 ; Rem. & Bal., § 5053.) 

See, supra, § 279, Code Pub. Ins., sources of school revenues. 

548. Records — Office 

Said board shall keep a full and complete record of all their 
proceedings in appropriate books of record, and a clerk in the of- 
fice of the State Auditor shall act as the secretary of the said 
board. Their office shall be in the office of the State Auditor, 
and all records and correspondence relating to the said board 
shall be kept in the office of the State Auditor, and shall be sub- 
ject to public inspection. (L. '07, ^. 17, § 2; Rem. & Bal., 
§ 5054.) 

549. Rules — Treasurer chairman of board 

Said State Board of Finance shall make appropriate rules 
and regulations for the carrying out the provisions of this act, 
not inconsistent with law, and the State Treasurer shall act as 
chairman of said State Board of Finance. (L. '07, p. 17, § 3 ; 
Rem. & Bal., § 5055.) 

550. Investment, in what bonds lawful — School district bonds pre- 

ferred 

Whenever there shall be in the permanent school funds of the 
state, or in the permanent funds of the normal school, State 
University, Scientific School, Agricultural College, or the charit- 
able, educational, penal and reformatory institutions, one thous- 
and dollars or more available for investment, said State Board 
of Finance shall invest the same in national, state, county, muni- 
icpal or school district bonds, bearing not less than three and 
three-fourths per cent interest per annum, paying therefor not 
more than the par value thereof: Provided, The word bonds in 
this section shall not be interpreted to mean or include any spe- 
cial, or assessment district bonds or bonds other than those to be 
found within the limit of indebtedness prescribed by law, or 
regularly created and issued as general indebtedness bonds : 
Provided, further. That school district bonds, regularly created 



244 



CODE OF PUBLIC INSTRUCTION 



and issued, shall be given preference in said investments. Upon 
such investment being made, the State Auditor shall draw his 
warrant on said fund for the amount so invested, and the bonds 
so purchased shall be deposited with the State Treasurer, whose 
duty it shall be to collect all interest payments falling due there- 
on, and the principal at maturity. (L. '07, p. 17, § 4 ; Rem. & 
Bal., § 5056.) 

This section seems to supersede Laws '03, chapter 95, page 143, authorizing 
the State Board of Land Commissioners to invest the school funds. 

Under the provisions of article XVI, § 5, of the Constitution, authorizing the 
investment of the permanent school fund, "in national, state, county or muni- 
cipal bonds," the moneys in such fund may be invested in school district bonds, 
as school districts are municipal corporations vrithin the purview of our state 
Constitution : State v. Grimes, 7 Wash. 270. 

Warrants are not bonds within the meaning of Constitution, article XVI, § 6, 
providing, that the permanent school fund may be invested in national, state, 
county or municipal bonds, but that none of it shall ever be loaned ; and hence 
Laws of 1899, page 53, authorizing the investment thereof in state warrants is 
unconstitutional as a loaning of the permanent school fund : State ex rel. 
Eellar v. Young, 21 Wash. 391. 

551. Investment of the permanent school fund in state bonds 

Whenever there shall be in the hands of the State Treasurer, 
belonging to the state permanent school fund, money to the 
amount of five thousand dollars or more, of which no investment 
can be made in the securities now or hereafter authorized by 
law, and the state shall have an outstanding general fund war- 
rant indebtedness in amount equal to or greater than the amount 
of five thousand dollars ($5,000), the Governor of the state and 
the State Auditor are hereby authorized, and it shall be their 
duty, to issue the bonds of the state of Washington in amount 
equal to that amount, and sell and deliver such bonds to the State 
Treasurer for the account of the state permanent school fund 
at the face or par value thereof. (L. '99, p. 67, § 1 ; Rem. & 
Bah, § 5057.) 

It is expressly provided that this section is not affected by the act of 1903, 
superseded by the preceding section. See Laws '03, page 144, § 2. 

Bonds issued by the state for sale to the permanent school fund under this 
section do not increase the debt of the state, but simply transfer cash in one 
fund to another fund which is used at once in the redemption of general fund 
warrants : State ex rel. Winston v. Rogers, 21 Wash. 206. 

Bonds Issued for the construction of a capitol group, guaranteed by the state 
cannot be purchased from the general school fund, when such bond issue 
would exceed the constitutional limit of indebtedness : State Capitol Commis- 
sion V. State Board of Finance, 32 Wash. Dec. 1. 



STATE OF WASHINGTON 345 

552. Bonds — Description of, interest, maturity, etc. 

Such bonds shall bear date of issue and be issued in denomina- 
tions of five thousand dollars ($5,000), and shall bear interest 
at the rate of three and one-half per cent, per annum, payable 
semi-annually on the first day of May and November of each 
year until paid, payable out of the state general fund, and the 
State Treasurer is hereby authorized and directed to transfer 
from the said state general fund to the said current school fund 
sufficient money to pay said interest as the same falls due, and 
certify the same to the State Auditor, which certificate shall be 
authority to said auditor to make the necessary and proper 
entries in the books and records of his office to show such trans- 
fer. The principal of said bonds shall be payable, any or all 
of them, on or before twenty years from the date of issue, to 
the State Treasurer for the account of the state permanent 
school fund, out of the state general fund, to which the pro- 
ceeds thereof shall have been credited, and when paid the prin- 
cipal thereof shall be credited to the state permanent school 
fund. (L. '01, p. 388, § 1 ; Rem. & Bal., § 5058.) 

553. Bonds — Printing, signing, etc. 

Said bonds shall be printed on good bond paper and shall 
each be signed by the Governor and personally attested by the 
State Auditor, and sealed with the seal of the State Auditor, but 
no coupon need be attached thereto. (L. '99, p. 68, § 3 ; Rem. 
& Bal., § 5059.) 

554. Proceeds of bonds used to call general fund warrants 

It shall be the duty of the State Treasurer, whenever any such 
bonds are executed and presented to him to invest the state per- 
manent school fund in such bonds to the amount of the face 
or par value thereof at par, and receipt to the State Auditor 
therefor, and at once transfer from the state permanent school 
fund to the state general fund money to the amount of the face 
or par value of such bonds so delivered to him, and the money 
so transferred to the general fund shall be at once used in the 
redemption of outstanding general fund warrants. (L. '99, p. 
68, § 4 ; Rem. & Bal., § 5060.) 



246 CODE OF PUBLIC INSTRUCTION 

555. Interest, to current school fund 

All interest paid on such bonds shall be credited to the cur- 
rent common school fund of the state on the day it falls due. 
(L. '99, p. 69, § 5; Rem. & BaL § 5061.) 

556. Redennption 

It shall be the duty of the State Treasurer to redeem any of 
said bonds on any interest pay day whenever, and to the extent 
that he shall have in his hands money belonging to the state 
general fund equal to one or more of such bonds in excess of all 
outstanding general fund warrants. (L. '99, p. 69, § 6; Rem. 
& Bal., § 5062.) 

BONDING UNIVERSITY LANDS 

557. Appropriation from university fund 

For the purpose of refunding to the state of Washington 
the moneys appropriated for the erection and support of the 
said university there is hereby appropriated from this said 
"University of Washington fund," to be paid into the general 
fund of the state, the following sums, to-wit: One hundred 
and fifty thousand dollars, appropriated by the legislative 
session of eighteen hundred and ninety- three for the erection 
of buildings and the preparation of the new grounds ; fifty 
thousand dollars, appropriated by the legislative session of 
eighteen hundred and ninety-five for the same or similar pur- 
poses ; twenty-five thousand dollars, being a portion of the 
sum appropriated by the legislative session of eighteen hun- 
dred and ninety-five for the support or maintenance of the said 
university ; making a total appropriation herein of two hun- 
dred and twenty-five thousand dollars. (L. '95, p. 108, § 2 ; 
Rem. & BaL, § 5063.) 

The "University of Washington fund" was transferred to the "State Univer- 
sity permanent fund, by supra, § 538, Code Pub. Ins. 

558. Bonds autiiorized 

For the purpose of anticipating the fund out of which the 
foregoing appropriation is provided to be paid, the Governor, 
State Auditor, and State Treasurer are hereby authorized to 



STATE OF WASHINGTON 24,7 

make a loan of two hundred and twenty-five thousand dollars 
upon the bonds of the state, to be signed by the Governor and 
attested by the Secretary of State, under the seal of the State, 
and countersigned and registered by the State Auditor. Said 
bonds shall be of denomination of not less than one thousand 
dollars each, and shall, on their face, be made payable at any 
time after five years and within fifteen years from their date, 
at the option of the state, at the office of the State Treasurer ; 
shall bear interest at the rate of four per cent, per annum, 
which interest shall be payable semi-annually out of the fund 
provided for in section 5041, and no primary or secondary ap- 
plication for the payment of said bonds, except out of the 
aforesaid fund, is intended to be created by this chapter. Said 
bonds shall not be sold for less than par. If at any time there 
is not sufficient money in the aforesaid fund to defray the in- 
terest charges when due, the state shall pay said interest out 
of the general fund, which general fund shall be repaid such 
interest payments out of the first moneys paid into the said 
"University of Washington fund." (L. '95, p. 108, § 3 ; Rem. 
& Bal., § 5064.) 

CRIMES BY OR AGAINST PUBLIC OFFICERS 
559. Bribery of public officer 

Every person who shall give, offer or promise, directly or 
indirectly, any compensation, gratuity or reward to any exec- 
utive or administrative officer of the state, with intent to in- 
fluence him with respect to any act, decision, vote, opinion or 
other proceeding, as such officer; or who shall give, offer or 
promise, directly or indirectly, any compensation, gratuity or 
reward to a member of the legislature, or attempt, directly or 
indirectly, by menace, deceit, suppression of truth or other 
corrupt means, to influence such member to give or withhold 
his vote or to absent himself from the house of which he is a 
member or from any committee thereof; or who shall give, 
offer or promise, directly or indirectly, any compensation, gra- 
tuity or reward to a judicial officer, juror, referee, arbitrator, 
appraiser, assessor or other person authorized by law to hear 



248 CODE OF PUBLIC INSTRUCTION 

or determine any question, matter, cause, proceeding or con- 
troversy, with intent to influence his action, vote, opinion or 
decision thereupon ; or shall give, offer or promise, directly or 
indirectly, any compensation, gratuity or reward to a person 
executing any of the functions of a public officer other than as 
hereinbefore specified, with intent to influence him with respect 
to any act, decision, vote or other proceeding in the exercise of 
his powers or functions, shall be punished by imprisonment in 
the state penitentiary for not more than ten years, or by a fine 
of not more than five thousand dollars, or by both. (L. '09, p. 
910, § 68; Rem. & Bal., § 2320.) 

560. Asking or receiving bribe 

Every executive or administrative officer or person elected 
or appointed to an executive or administrative office who shall 
ask or receive, directly or indirectly, any compensation, gra- 
tuity or reward, or any promise thereof, upon an agreement or 
understanding that his vote, opinion, or action upon any matter 
then pending, or which may by law be brought before him in 
his official capacity, shall be influenced thereby ; and every 
member of either house of the legislature of the state who shall 
ask or receive, directly or indirectly, any compensation, gra- 
tuity or reward, or any promise thereof, upon an agreement 
or understanding that his official vote, opinion, judgment or 
action shall be influenced thereby, or shall be given in any 
particular manner, or upon any particular side of any question 
or matter upon which he may be required to act in his official 
capacity; and every judicial officer, and every person who ex- 
ecutes any of the functions of a public office not hereinbefore 
specified, and every person employed by or acting for the state 
or for any public officer in the business of the state, who shall 
ask or receive, directly or indirectly, any compensation, gra- 
tuity or reward, or any promise thereof, upon an agreement 
or understanding that his vote, opinion, judgment, action, de- 
cision or other official proceeding shall be influenced thereby, 
or that he will do or omit any act or proceeding or in any way 
neglect or violate any official duty, shall be punished by im- 



STATE OF WASHINGTON 34,9 

prisonment in the state penitentiary for not more than ten 
years, or by a fine of not more than five thousand dollars, or by 
both. (L. '09, p. 911, § 69; Rem. & Bal., § 2321.) 

561. Interfering with public officer 

Every person who, by means of any threat, force or violence, 
shall attempt to deter or prevent any executive or administra- 
tive officer from performing any duty imposed upon him by 
law, or who shall knowingly resist by force or violence any 
executive or administrative officer in the performance of his 
duty, shall be guilty of a gross misdemeanor. (L. '09, p. 914, 
§ 79; Rem. & BaL, § 2331.) 

562. Offering reward for appointment 

Every person who shall give, offer or promise, directly or 
indirectly, any compensation, gratuity or reward, in consider- 
ation that he or another person shall be appointed to a public 
office or to a clerkship, deputation or other subordinate position 
in such office, or that he or any other person shall be permitted 
to exercise, perform or discharge any prerogative or duty or 
receive any emolument of such office, shall be guilty of a gross 
misdemeanor. (L. '09, p. 914, § 80; Rem. & BaL, § 2332.) 

563. Grafting 

Every person who shall ask or receive any compensation, 
gratuity or reward, or any promise thereof, upon the repre- 
sentation that he can, directly or indirectly, or in considera- 
tion that he shall, or shall attempt to, directly or indirectly, 
influence any public officer, whether executive, administrative, 
judicial or legislative, to refuse, neglect, or defer the perform- 
ance of any official duty ; or who shall ask or receive any com- 
pensation, gratuity or reward,, or any promise thereof, the 
right to retain or receive which shall be conditioned that such 
person shall, directly or indirectly, successfully influence by any 
means whatever any executive, administrative or legislative offi- 
cer, in respect to any act, decision, vote, opinion or other pro- 
ceeding, as such officer, or who shall ask or receive any compen- 
sation, gratuity or reward, or any promise thereof, upon the rep- 



250 CODE OF PUBLIC INSTRUCTION 

resentation that he can, directly or indirectly, or in considera- 
tion that he shall, or shall attempt to, directly or indirectly, in- 
fluence any public officer, whether executive, administrative, ju^ 
dicial or legislative, in respect to any act, decision, vote, opinion 
or other proceeding, as such officer, unless it be clearly under- 
stood and agreed in good faith between the parties thereto, on 
both sides, that no means or influence shall be employed except 
explanation and argument upon the merits, shall be guilty of a 
gross misdemeanor, and, in any prosecution, under the third 
clause of this section, evidence of the means actually employed 
to influence such officer shall be admitted as proof of the mean? 
originally contemplated by the defendant. (L. '09, p. 915, 
§ 81; Rem. & Bal., § 2333.) 

564. Misconduct of public officer 
Every public officer who shall — - 

1. Ask or receive, directly or indirectly, any compensation, 
gratuity or reward, or promise thereof, for opiitting or defer- 
ring the performance of any official duty ; or for any official 
service which has not been actually rendered, except in case of 
charges for prospective costs or fees demandable in advance in 
a case allowed by law; or 

2. Be beneficially interested, directly or indirectly, in any 
contract, sale, lease or purchase which may be made by, through 
or under the supervision of such officer, in whole or in part, or 
which may be made for the benefit of his office, or accept, 
directly or indirectly, any compensation, gratuity or reward 
from any other person beneficially interested therein ; or 

3. Employ or use any person, money or property under 
his official control or direction, or in his official custody, for 
the private benefit or gain of himself or another ; 

Shall be guilty of a gross misdemeanor, and any contract, 
sale, lease or purchase mentioned in subdivision 2 hereof shall 
be void. (L. '09, p. 915, § 82; Rem. & Bal., § 2334.) 

A school board cannot hire the minor son of a member of the board to do 
work for such board. — Tanner. 



STATE OF WASHINGTON 251 

565. Grant of official powers 

Every public officer who, for any reward, consideration or 
gratuity paid or agreed to be paid, shall, directly or indirectly, 
grant to another the right or authority to discharge any func- 
tion of his office, or permit another to perform any of his duties, 
shall be guilty of a gross misdemeanor. (L. '09, p. 916, § 83 ; 
Rem. & Bal., § 2335.) 

566. Intrusion into and refusal to surrender public office 

Every person who shall falsely personate or represent any 
public officer, or who shall wilfully intrude himself into a public 
office to which he has not been duly elected or appointed, or 
who shall wilfully exercise any of the functions or perform any 
of the duties of such officer, without having duly qualified there- 
for, as required by law, or who, having been an executive or 
administrative officer, shall wilfully exercise any of the func- 
tions of his office after his right to do so has ceased, or wrong- 
fully refuse to surrender the official seal or any books or papers 
appertaining to such office, upon the demand of his lawful 
successor, shall be guilty of a gross misdemeanor. (L. '09, 
p. 916, § 84; Rem. & Bah, § 2336.) 

567. Injury to public record 

Every person who shall wilfully and unlawfully remove, alter, 
mutilate, destroy, conceal or obliterate a record, map, book, 
paper, document or other thing filed or deposited in a public 
office, or with any public officer, by authority of law, shall be 
punished by imprisonment in the state penitentiary for not 
more than five years, or by a fine of not more than one thou- 
sand dollars, or by both. (L. '09, p. 919, § 95 ; Rem. & Bal., 
§ 2347.) 

568. Injury to and misappropriation of record 

Every officer who shall mutilate, destroy, conceal, erase, ob- 
literate or falsify any record or paper appertaining to his 
office, or who shall fraudulently appropriate to his own use or 
to the use of another person, or secrete with intent to appropri- 
ate to such use, any money, evidence of debt or other property 



252 CODE OF PUBLIC INSTRUCTION 

intrusted to him by virtue of his office, shall be punished by 
imprisonment in the state penitentiary for not more than ten 
years, or by a fine of not more than five thousand dollars, or 
by both. (L. '09, p. 919, § 96; Rem. & Bal., § 2348.) 

569. False report 

Every public officer who shall knowingly make any false or 
misleading statement in any official report or statement, under 
circumstances not otherwise prohibited by law, shall be guilty 
of a gross misdemeanor. (L. '09, p. 920, § 98 ; Rem. & Bal., 
§ 2350.) 

570. Perjury — Second degree 

Every person who, whether orally or in writing, and whether 
as a volunteer, or in a proceeding or investigation authorized 
by law, shall knowingly swear falsely concerning any matter 
whatsoever, shall be guilty of perjury in the second degree and 
shall be punished by imprisonment in the state penitentiary for 
not more than five years, or by imprisonment in the county jail 
for not more than one year. (L. '09, p. 920, § 101 ; Rem. & 
BaL, § 2353.) 

571. "Oath" and "swear" defined 

The term "oath" shall include an affirmation and every other 
mode authorized by law of attesting the truth of that which is 
stated. A person who shall state any matter under oath shall 
be deemed to "swear" thereto. (L. '09, p. 920, § 102; Rem. & 
Bal., § 2354.) 

See, supra, § 383, Code Pub. Ins., false oath. 

572. Irregularity in administering oath or incompetency of witness 

no defense 

It shall be no defense to a prosecution for perjury that an 
oath was administered or taken in an irregular manner, or that 
the defendant was not competent to give the testimony, depo- 
sition, certificate or affidavit of which falsehood is alleged. It 
shall be sufficient that he actually gave such testimony or made 
such deposition, certificate or affidavit. (L. '09, p. 921, § 103; 
Rem. & Bal., § 2355.) 



STATE OF WASHINGTON 25g 

573. Deposition — When complete 

The making of a deposition, certificate or affidavit shall be 
deemed to be complete when it is subscribed and sworn to or 
affirmed by the defendant with intent that it be uttered or 
published as true. (L. '09, p. 921, § 104 ; Rem. & Bal., § 2356.) 

574. Statement of what one does not know to be true 

Every unqualified statement of that which one does not know 
to be true is equivalent to a statement of that which he knows 
to be false. (L. '09, p. 921, § 105; Rem. & Bal., § 2357.) 

575. Public officer making false certificate 

Every public officer who, being authorized by law to make 
or give a certificate or other writing, shall knowingly make and 
deliver as true such a certificate or writing containing any state- 
ment which he knows to be false, in a case where the punishment 
thereof is not expressly prescribed by law, shall be guilty of a 
gross misdemeanor. (L. '09, p. 927, § 128 ; Rem. & Bal., 
§ 2380.) 

See, supra, § 569, Code Pub. Ins., false reports by officers. 

576. False auditing and paying claims 

Every public officer, or person holding or discharging the 
duties of any public office or place of trust under the state or 
in any county, town or city, a part of whose duty it is to audit, 
allow or pay, or take part in auditing, allowing or paying, 
claims or demands upon the state or such county, town, or city, 
who shall knowingly audit, allow or pay, or, directly or indi- 
rectly, consent to or in any way connive at the auditing, allow- 
ance or payment of any claim or demand against the state or 
such county, town or city, which is false or fraudulent or con- 
tains any charge, item or claim which is false or fraudulent, 
shall be guilty of a gross misdemeanor. (L. '09, p. 927, § 129 ; 
Rem. & Bal., § 2381.) 

SECURITY FOR LABOR ON PUBLIC WORKS, ETC. 

577. Contractor's bond — Filing 

Whenever any board, council, commission, trustees or body 
acting for the state or any county or municipality or any pub- 



254 CODE OF PUBLIC INSTRUCTION 

lie body shall contract with any person or corporation to do 
any work for the state, county or municipality, or other public 
body, city, town or district, such board, council, commission, 
trustees or body shall require the person or persons with whom 
such contract is made to make, execute and deliver to such 
board, council, commission, trustees or body a good and suffi- 
cient bond, with two or more sureties, or with a surety com- 
pany as surety, conditioned that such person or persons shall 
faithfully perform all the provisions of such contract and pay 
all laborers, mechanics and subcontractors and materialmen, and 
all persons who shall supply such person or persons, or sub- 
contractors, with provisions and supplies for the carrying on of 
such work, all just debts, dues and demands incurred in the 
performance of such work, which bond shall be filed with the 
county auditor of the county where such work is performed 
or improvement made, except in cases of cities and towns, in 
which cases such bond shall be filed with the clerk or the comp- 
troller thereof, and any person or persons performing such serv- 
ices or furnishing material to any subcontractor shall have the 
same right under the provision of such bond as if such work 
services or material was furnished to the original contractor. 
(L. '09, p. 716, § 1; Rem. & BaL, § 1159.) 

See, supra, § 163, Code Pub. Ins., powers and duties of board. 

School districts are, within the contemplation of the legislative and constitu- 
tional enactments of the state, municipal corporations providing for liens for 
work done or improvements made for any "county, incorporated town or city, 
or other municipal corporation :" Maxon v. School District, 5 Wash. 142. 

It is not necessary that a school district should be made a party to a suit 
against a contractor for materials furnished in the construction of a school 
house in order to subject the district to liability for failure to take bond from 
contractor : Pacific Mfg. Co. v. School Distiict, 6 Wash. 121. 

Where a contractor's bond by mistake names the board of school directors 
instead of the state of Washington as obligee, such defect is not fatal, if from 
the terms of the bond it appears that its object was to secure laborers and 
materialmen as provided for by this section : Ihrig v. Scott, 5 Wash. 584 ; and 
such a bond is not inoperative by reason of its being made payable to the 
school district instead of the state : Wadsivorth v. School District, 7 Wash. 485. 

In an action against a school district for failure to take a sufficient bond 
from a contractor for the protection of materialmen, the fact that the sureties 
thereon did not justify is a mere irregularity and presumed not injurious in 
the absence of allegations and proof that they could not justify as required by 
law : Wadsworth v. School District, supra. 

It is not necessary to file such bond with the auditor prior to furnishing 
material to the contractor in order to relieve the district from liability : Wads- 
worth V. School District, supra. 



STATE OF WASHINGTON 355 



An action on a contractor's^ bond given under this section is not barred by 
the procuring of a judgment against the contractor personally prior to suit 
against his bond : Fislier v. Qulgley, 8 Wash. 322. 

A bond taken by a school district under this section, conditioned that the 
surety shall be liable only in case the contractor fails to "perform said work 
and comply with said contract, plans and specifications to which reference is 
hereby made and same made a part of the bond," is insufiicient : Puget Sound 
Brick etc. Co. v. School District, 12 Wash. 118. 

578. Liability for failure to take bond 

If any board of county commissioners of any county, or 
* mayor and common council of any incorporated city or town, or 
tribunal transacting the business of any municipal corporation 
shall fail to take such bond as herein required, such county, in- 
corporated city or town, or other municipal corporation, shall 
be liable to the persons mentioned in section 1159, to the full 
extent and for the full amount of all such debts so contracted 
by such contractor. (L. '09, p. 717, § 2 ; Rem. & Bal., § 1160.) 
See notes to above section. 

579. Conditions of bond — Action on 

The bond mentioned in section 1159 shall be in an amount 
equal to the full contract price agreed to be paid for such work 
or improvement, and shall be to the state of Washington, ex- 
cept in cases of cities and towns, in which cases such munici- 
palities may by general ordinance fix and determine the amount 
of such bond and to whom such bond shall run: Provided, the 
same shall not be for a less amount than twenty-five per cent. 
(25%) of the contract price of any such improvement, and 
may designate that the same shall be payable to such city, and 
not to the state of Washington, and all such persons men- 
tioned in said section 1159 shall have a right of action in his, 
her, or their own name or names on such bond, for the full 
amount of all debts against such contractor, or for work done 
by such laborers or mechanics, and for materials furnished or 
provisions and goods supplied and furnished in the prosecution 
of such work, or the making of such improvements : Provided, 
That such persons shall not have any right of action on such 
bond for any sum whatever, unless within thirty (30) days from 
and after the completion of the contract with and acceptance of 
the work by the board, council, commission, trustees, or body 



256 CODE OF PUBLIC INSTRUCTION 

acting for the state, county or municipality, or other public 
body, city, town or district, the laborer, mechanic or subcon- 
tractor, or materialman, or person claiming to have supplied 
materials, provisions or goods for the prosecution of such work, 
or the making of such improvement, shall present to and file 
with such board, council, commission, trustees or body acting 
for the state, county or municipality, or other public body, city, 
town or district, a notice in writing in substance as follows : 
To (here insert the name of the state, county or municipality or 
other public body, city, town or district) : 

Notice is hereby given that the undersigned (here insert the 
name of the laborer, mechanic or subcontractor, or materialman, 
or person claiming to have furnished labor, materials or provi- 
sions for or upon such contract or work) has a claim in the sum 

of dollars (here insert the amount) against the 

bond taken from (here insert the name of the 

principal and surety or sureties upon such bond) for the work 

of (here insert a brief mention or description of 

the work concerning which said bond was taken). 

(Here to be signed) 

Such notice shall be signed by the person or corporation 
making the claim or giving the notice ; and said notice, after 
being presented and filed, shall be a public record open to in- 
spection by any person : Provided further. That any city may 
avail itself of the provisions of this act, notwithstanding any 
charter provisions in conflict herewith: And provided further. 
That any city or town may impose any other or further condi- 
tions and obligations in such bond as may be deemed necessary 
for its proper protection in the fulfillment of the terms of the 
contract secured thereby. (L. '09, p. 717, § 3; Rem. & Bal., 
§ 1161.) 

Failure to file bond does not relieve the contractor from failure to file 
claim : Crane Company v. Aetna Indemnity Co., 43 Wash. 516. 

The overstatement of the amount due, in a notice to a city of a claim for 
material furnished to a contractor upon public work, is not fatal to recovery 
on the contractor's statutory bond to secure laborers and materialmen, where 
actual fraud is not shown : Strandell v. Moran, 49 Wash. 533. 

Such a notice, required by the statute to be signed by the claimant, is suf- 



STATE OP WASHINGTON 25»y 

ficient when signed by one "A. S. agent," through whom the claimant did busi- 
ness without disclosing the principals when no one was misled thereby ; since 
the same fulfills the purpose of the statute to give notice of claims : Id. 

STATE COLLEGE OF WASHINGTON EXPERIMENT STATION 

580. Acceptance of federal aid 

The state of Washington hereb}^ assents to the purposes, 
terms, provisions and conditions of the grant of money provided 
in an act of Congress approved March 16, 1906, said act being 
entitled "An act to provide for an increased annual appropria- 
tion for agricultural experiment stations and regulating the ex- 
penditure thereof," and having for its purpose the more com- 
plete endowment and maintenance of agricultural experiment 
stations theretofore or thereafter established under an act of 
Congress approved March 2, 1887. (L. '07, p. 423, § 1 ; Rem, 
& Bal., §4344.) 

See, supra, § 25 et seq., Code Pub. Ins., State College of Washington. 
Evidently by oversight, this and the next section were omitted from the 
"School Code" of 1909. 

581. Disposition of appropriation 

Said annual sum appropriated and granted to the state of 
Washington in pursuance of said act of Congress approved 
March 16, 1906, shall be paid as therein provided to the treas- 
urer or other officer duly appointed by the board of regents of 
the State Agricultural Experiment Station at Pullman, Wash- 
ington ; and the board of regents of such experiment station 
are hereby required to report to the Secretary of Agriculture on 
or before the first day of September of each year a detailed state- 
ment of the amount so received and its disbursements on sched- 
ules prescribed by the Secretary of Agriculture. (L. '07, p. 424, 
§2; Rem. & Bal., § 4345.) 

Superseded, in part, by supra, § 546, Code Pub. Ins., requiring payment to 
State Treasurer. 

582. Experiment station at Puyallup 

The operation and conduct of the agricultural experiment 
station heretofore established at Puyallup, Washington, shall 
be under the supervision and control of the board of regents of 

—9 



258 CODE OF PUBLIC INSTRUCTION 

the Agricultural College and School of Science, and the State 
Auditor is hereby authorized to audit all claims and, if found 
correct, to issue warrants upon the State Treasurer in payment 
of bills* duly authorized by said board as provided by law, and 
the State Treasurer is hereby directed to pay the same. (L. 
'99, p. 132, § 1 ; Rem. & Bal., § 4346.) 

583. Acquisition of lands for experimental purposes 

The board of regents of the State College of Washington is 
hereby authorized and empowered to acquire by lease or gift, 
any tract or tracts of land, which, in its judgment, are neces- 
sary for experimental or demonstrational purposes, or for oth- 
erwise carrying out the purposes or work of the college as de- 
fined by law, and to pay for the same out of the maintenance 
fund of the college : Provided, That not more than twelve hun- 
dred dollars a year shall be paid from said fund for said pur- 
poses : Provided further. That when said land is leased by the 
state for purposes of this act, such land shall be exempt from 
taxation. (L. '09, p. 815, § 1 ; Rem. & Bal., § 4347.) 

See, supra, § 544, Code Pub. Ins., disposition of lands. 



STATE OF WASHINGTON 359 



RULES AND REGULATIONS, BY STATE BOARD OF 

EDUCATION 



TEACHERS. 

1. The teachers in the public schools of this state shall follow the 
prescribed course of study and enforce the rules and regulations of the 
State Board of Education; shall keep records, use blanks and render re- 
ports according to instructions. 

2. Teachers shall be held responsible for the care of all school 
property entrusted to them; shall frequently inspect the same and 
promptly report to the district clerk any damage it may have received. 

3. Each teacher shall prepare a program of daily exercises, a copy 
of which shall be posted in a conspicuous place in the school room. 

4. Teachers shall exercise watchful care over the conduct and 
habits of the pupils while under their jurisdiction. 

5. Teachers shall maintain strict order and discipline in their 
schools at all times. Any neglect of this requirement shall be consid- 
ered good cause for dismissal. Corporal punishment may be resorted to 
when it becomes necessary to the preservation of proper discipline. No 
cruel or unusual punishment shall be inflicted; and no teacher shall 
administer punishment on or about the head of any pupil. 

6. In any case of misconduct or insubordination, when the teacher 
deems it necessary for the good of the school, he may suspend a pupil, 
and shall immediately notify the directors of the district thereof for 
further action, and shall send a copy of said notice to the parents or 
guardians of the child. 

7. Every public school teacher shall give vigilant attention to the 
temperature and ventilation of the school room and shall see that the 
atmosphere of the room is frequently changed. 

8. Teachers shall have the right, and it shall bb their duty to di- 
rect and control within reasonable limits the studies of their pupils: 
Provided, That all pupils shall receive instruction in the branches in- 
cluded in the prescribed course of study. 

9. The use of tobacco in any form or place by a teacher is discoun- 
tenanced, and the use of alcoholic stimulants in any form or place as 
a beverage is prohibited. The use of tobacco or any other narcotic on 
the school premises by a teacher shall work a forfeiture of his certi- 
ficate. 

10. The teacher shall make an estimate of the worth of each pupil's 
work in the several subjects as often as once every two months. This 
estimate should be based upon the pupil's daily work, together with 
such tests as the teacher may deem it advisable to give during the 
period. 



260 code; op public instruction 

At the close of every term of school the teacher shall thoroughly 
examine, in all necessary branches, all pupils whose work has not been 
satisfactory, and shall leave in the register a statement of the work 
completed by each pupil in each subject. He shall also leave a record 
of the deportment of each pupil. 

11. Teachers shall require excuses from the parents or guardians 
of pupils, either in person or by written note, in all cases of absence, 
tardiness or dismissal before the close of school, and no excuse shall be 
•deemed valid except that of sickness. Excuses for absence shall be 
placed in the hands of the attendance officer, and it shall be the duty 
of said attendance officer to investigate thoroughly each case and enforce 
the provisions of the law relating thereto. 

12. An attendance of less than one hour at any half-day's session 
shall not be counted by the teacher in making his or her annual report. 

13. Teachers are enjoined to encourage exercises in composition 
•and declamation, including memorization of choice selections and quota- 
tions. In the preparation of programs for rhetoricals, teachers shall 
use every effort to secure selections of a high literary character. 

14. Teachers are required to be at their respective schoolrooms 
at least thirty minutes before the time of opening of school in the 
morning and fifteen minutes before the opening of school in the after- 
noon. 

15. Teachers are required to make due preparation daily for their 
duties, such preparation to include attendance upon teacners' meetings 
and other professional work contributing to efficient school service, 
which may be required by the superintendent, principal, or board of di- 
rectors. 

PUPILS. 

1. Every pupil shall be punctual and regular in attendance, obed- 
ient to all rules of the school, diligent in study, respectful and obedient 
to teachers and kind and obliging to schoolmates. 

2. Wilful disobedience, habitual truancy, vulgarity or profanity, 
the use of tobacco on or about the school premises, stealing, the carry- 
ing of deadly weapons, the carrying or using of dangerous playthings, 
shall constitute good cause for suspension or expulsion from school. 

3. As soon as dismissed, pupils shall leave the school premises and 
go directly to their homes. Loitering on the way to and from school is 
positively forbidden. 

4. Pupils shall give attention to personal neatness and cleanliness, 
and any who repeatedly fail in this respect may be sent home to be 
prepared properly for school. 

5. Pupils shall not be detained more than forty minutes after the 
regular hour for dismissal. 



STATE OF WASHINGTON gg^ 



INSTRUCTIONS RELATIVE TO ISSUANCE OF BONDS 
AND PREPARATION OF TRANSCRIPT. 



In the course of the past few years the Attorney General and his 
assistants have had occasion to examine and pass upon a large num- 
ber of bond issues of school districts throughout the state. From such 
examination the Attorney General has been impressed with the fact 
that the procedure leading up to the issuance of such bonds and the 
manner of preparing the transcript are not fully understood by the 
different school officers. For the assistance of those in charge of the 
affairs of the various school districts these instructions are printed, 
in which a number of the more common defects in procedure are' 
pointed out and explanation of the transcript required by the State 
Board of Finance is given. 

The procedure in the issuance of bonds by school districts is pre- 
scribed in sections 288 to 302, inclusive, Code of Public Instruction. 
(Remington and Ballinger's Code, sections 4607 to 4621, inclusive, as 
amended by chapter 88, Laws of 1911.) 

The conduct of elections in districts of the first class is governed 
by sections 348 to 366, inclusive, Code of Public Instruction. (Reming- 
ton and Ballinger's Code, sections 4667 to 4685, inclusive, as amended 
by chapters 106 and 107, of the Laws of 1911.) 

In school districts of the second and third classes elections are held 
under sections 338 to 344, inclusive, Code of Public Instruction. (Rem- 
ington and Ballinger's Code, sections 4657 to 4663, inclusive, as amended 
by chapter 115, Laws of 1913.) 

The suggestions here made do not refer to the procedure in validat- 
ing indebtedness of school districts, which is covered by other provi- 
sions of the Code of Public Instruction, sections 303 to 310, inclusive. 
(Remington and Ballinger's Code, sections 4622 to 4269, inclusive, and 
chapter 136, Laws 1913.) Directors intending to submit the question of 
the validation of indebtedness to the electors of their districts are 
advised to consult the prosecuting attorney of their county respecting 
the forms of resolutions to be adopted, and all other matters of pro- 
cedure. 

In order that there may be no question of the validity of the pro- 
posed bond issue, there should be a strict compliance with the pro- 
visions of the statutes referred to. The suggestions here made do not 
cover all of the provisions of the law, but are intended to be supple- 
mentary thereto and in explanation thereof. 

A transcript is required by all bond buyers in order that the pur- 
chaser may be informed of the nature and character of the invest- 
ment, and of the validity of the bonds offered for sale. The purchaser 
of bonds depends almost entirely upon the transcript for this informa- 



gg2 CODE OF PUBLIC INSTRUCTION 

tion, and it is necessary therefore to have all the proceedings set forth 
very fully and in as legible a manner as possible. In preparing the 
transcript it should be borne in mind that those who are called upon 
to examine the proceedings are not familiar with local conditions in 
the different school districts, and for that reason every step should be 
carefully explained. 

All action by the directors of a district should be taken by resolu- 
tions, as motions are too indefinite. 

PURPOSES FOR WHICH BONDS MAY BE ISSUED. 
Bonds may be issued only for the purposes enumerated in the 
statute, which are as follows: 

1. For the funding of outstanding indebtedness. 

2. For the purchase of school house site or sites. 

3. For the building of one or more school houses, and providing 
the same with all necessary furniture, apparatus or equipment (section 
288, Code of Public Instruction). 

If the purposes for which the bonds are being issued are not nat- 
urally related or connected they must be considered as separate propo- 
sitions. Each proposition must be separately submitted to the voters 
at the election and voted upon separately. For instance, the issuance 
of refunding bonds, and bonds to secure money to purchase a site and 
build a school house are two separate and distinct propositions. 

An indebtedness in order to be refunded under this chapter (ten) 
must be valid, and proof of the validity is required before refunding 
bonds will be accepted. 

The purposes for which money may be borrowed and bonds issued, 
it will be noted, are those which require an unusual and extraordinary 
expenditure of money. Bonds cannot be issued for continuing regular 
expenditures for the maintenance of the schools. This class of ex- 
penditures must be taken care of from the current revenues of the dis- 
trict. 

Before any steps looking to the issuance of bonds are taken, the ob- 
ject and purpose of the issue should be fully and carefully considered 
by the officers of the district, and a complete investigation of the finan- 
cial condition of the district made. 

LIMIT OF INDEBTEDNESS. 

The constitution limits the amount of indebtedness any school dis- 
trict may incur to five per centum of the assessed valuation of the 
taxable property therein, to be ascertained from the last assessment 
for state and county purposes previous to the incurring of the indebt- 
edness (Const, art. 8, sec. 6). In other words, no territory can be 
made liable for a debt for school purposes in excess of five per cent, 
of the assessed valuation of the property in that particular territory. 
It makes no difference by what district the indebtedness is to be or 
was incurred. It should be remembered in this connection that dis- 
tricts forming a consolidated district retain their corporate existence 



STATE OF WASHINGTON 2g3 

for the purpose of paying off their indebtedness existing at the time of 
their consolidation. Such indebtedness is not absorbed by the con- 
solidated district. For instance, if a school district prior to its con- 
solidation with other districts to form a consolidated district, had an 
outstanding indebtedness, then the consolidated district cannot incur 
an indebtedness the result of which will be to charge the territory 
within such school district with an indebtedness, which when added 
to its existing indebtedness will exceed the five per cent, limit. 

The same principles apply in the case of a union high school dis- 
trict. A union high school district cannot incur an indebtedness which 
when distributed among the districts forming it will result in charging 
the territory within any school district with an indebtedness in excess 
of five per cent, of the assessed valuation of the property therein. Con- 
versely, a school district which is a part of a union high school dis- 
trict cannot incur an indebtedness which when added to its proper 
proportion of the indebtedness of the union high school district will 
exceed the five per cent, limit. 

Cash on hand and uncollected taxes due may be considered as an 
asset for the purpose of computing the indebtedness of a school dis- 
trict. This rule, however, is subject to the following exceptions: 

1. If the district seeks to include cash on hand or uncollected taxes 
as an asset, it must deduct therefrom any indebtedness contracted or 
liability incurred which is payable from such cash or the proceeds of 
such taxes. 

2. Cash in the general fund and uncollected taxes due to the 
general fund can only be considered as an offset to indebtedness pay- 
able from the general fund. 

ELECTIONS. 

The suggestions made under this heading apply only to school dis- 
tricts of the second and third classes. Elections in districts of the first 
class rhust be conducted under sections 348 to 366, inclusive. Code of 
Public Instruction, to which reference must be had by the officers of 
such districts. 

All school elections in districts of the second and third classes must 
be held at the school house if there be one in the district; or if there 
is no school house in the district, or if there are more than one, then 
at one or more places designated by the directors. 

The judges and clerk must be selected by the electors present at the 
polling place at the hour named for the opening of the polls, or as soon 
thereafter as there are a sufficient number of electors present to con- 
stitute an election board. 

The polls must be opened at 1 o'clock p. m. and closed at the hour 
named in the notice of election, which must not be earlier than 4 
o'clock p. m. or later than 8 o'clock p. m. 

Each proposition to be voted upon must be submitted separately and 
voted upon separately. 



2g4; CODE OP PUBLIC INSTRUCTION 

The ballots must contain a statement of each proposition and fol- 
lowing each proposition the words, "Bonds, Yes," and "Bonds, No." 

SALE OF BONDS. 

The board of directors should within thirty days after the date of 
election certify the result of the election to the county treasurer. 

The notice of sale of bonds must be advertised for four consecutive 
issues, in at least a weekly newspaper published at the county seat, if 
there be one. The notice of sale of bonds must state: (1) The amount 
of bonds to be sold; (2) The time they are to run; (3) Where payable; 
(4) The option, if any, of the district to redeem; (5) The hour and 
day for considering bids; (6) The manner in which bids are to be sub- 
mitted, with a request that the bidders name the price and rates of 
interest at which they will purchase such bonds. Bonds cannot bear 
a greater rate of interest than six per centum. 

The bonds as advertised for sale should correspond in every respect 
with those which the voters have authorized the directors to issue. 

TRANSCRIPT. 

The State Board of Finance furnishes a blank certificate to be 
signed and an affidavit to be subscribed and sworn to by the directors of 
a district selling bonds to the state. This certificate requires twelve 
exhibits, which should be attached to the general certificate and affi- 
davit, which constitute the transcript. This general certificate and 
affidavit should be made out and subscribed and sworn to subsequent 
to the date or dates upon which all the exhibits required are made and 
subscribed and sworn to. The exhibits of resolutions called for are to 
be exact copies of the actual entries that have been made in the records 
of the board of directors. If they are not of record the record should 
be perfected before the transcript is completed or certified to. 

No forms or blanks for preparing exhibits or resolutions are sup- 
plied by the state. 

The exhibits should be on good quality of paper, the same width and 
length as the general certificate and affidavit of the board of directors 
furnished by the State Board of Finance, unless printed forms are used. 

The exhibits must be .properly lettered and identified by the letters 
as set forth in the general certificate furnished by the State Board of 
Finance. 

EXHIBITS. 

"Exhibit A" must be a copy of the resolution adopted by the board 
of directors authorizing the issuance of the bonds. The resolution to 
be in proper form should set forth in detail the amount and duration 
of the bonds, the option, if any, to redeem, and the purpose for which 
the bonds are issued. To this resolution should be attached a cer- 
tificate signed by the board of directors, to the effect that such resolu- 
tion was duly passed and adopted by the board of directors at a regu- 
lar or special meeting of the board, setting forth the date of the meet- 



STATE OF WASHINGTON 355 



ing, the names of the directors present, and that the same appears of 
record upon the book of proceedings of the district. 

"Exhibit B" must be a copy of the resolution adopted by the board 
of directors providing for the calling of the election at which the ques- 
tion of whether or not bonds shall be issued is to be submitted to the 
voters. This resolution to be in proper form should set forth the 
purpose for which the bonds are to be' issued, the amount and duration, 
of the bonds, together with the option, if any, to redeem; and should 
provide for the holding of the election at the school house of the dis- 
trict, and for the posting of the notices of election at least ten days 
prior to the date of the election in three conspicuous public places in 
the district. This resolution should have attached to it a certificate 
showing that such resolution was duly passed and adopted by the board 
of directors at a regular meeting of the board, setting forth the date 
of the meeting, the names of the directors present, and a statement 
that the same appears of record upon the book of proceedings of the 
district. 

"Exhibit C" must be a true and correct copy of the notice of elec- 
tion as posted. 

"Exhibit D" must be an affidavit by the person posting the notices 
of election, setting forth that the notices were posted in at least three 
conspicuous public places in the district, one of which was the place at 
which the election was held, the places at which the notices were posted, 
the date of the posting of the notices, the length of time prior to 
the date of election that they were posted, that they remained posted 
until after the date of election, and that "Exhibit C" of the transcript 
is a true and correct copy of the notices so posted. This exhibit is an 
affidavit and must be subscribed and sworn to before some officer, such 
as a notary public, duly authorized to administer such an oath. The 
director of a school district has no such authority. 

"Exhibit E" must be a copy of the report of the judges and clerk 
of election as submitted to the board of directors of the district, and 
as entered on the records of said board. This repoi't consists of a copy 
of the poll sheet, together with the oaths of the judges and clerk of 
election, and should be accompanied by an affidavit of the judges and 
clerk of election to the effect that they were duly selected to act as 
such judges and clerk of election by the voters present at the polling 
place at the hour named for the opening of the polls; that they took 
and subscribed to the oaths as such judges and clerk of election, as 
set forth on the copy of the poll sheet thereto attached; that they 
opened the polls at the hour named in the notice of election (1 o'clock 
p. m.) and closed them at the hour named in the notice of election 
(not earlier than 4 o'clock p. m. nor later than 8 o'clock p. m.) ; that 
to the best of their knowledge and belief they permitted none but the 
duly qualified electors of the district to vote, and refused no duly 
qualified elector the right to vote; that the election was duly con- 
ducted in all respects as required by law; the number of ballots and 



ggg CODE OF PUBLIC INSTRUCTION 

the number of votes cast, the number of votes for and the number of 
votes against bonds. This affidavit should be subscribed and sworn to 
before some officer authorized to tak;e such an oath. The director of 
a district has no such authority. 

"Exhibit F" must be a copy of the certificate of election submitted 
to the county treasurer by the directors. The facts set forth in this 
certificate should correspond with those as shown in the resolutions 
marked "Exhibits A" and "B," and the notice of election marked 
"Exhibit C." The directors have no authority to certify that bonds in 
an amount different from that voted upon or of a different character, 
are to be issued. 

"Exhibit G" must be an affidavit of the county treasurer, showing 
how and in what manner the sale of bonds was advertised, and should 
refer to "Exhibit H." The treasurer should be careful in preparing 
his notice of sale for publication to call for bonds of the same char- 
acter as those which the certificate of the directors shows were au- 
thorized by the voters. 

"Exhibit H" must be an affidavit by the publisher giving the time 
of publishing the notice of the sale of bonds, and must set forth a 
copy of the published notice. 

"Exhibit I" must be a copy of the resolution awarding the bonds 
to the state, as adopted by the board of directors at their meeting with 
the county treasurer. This resolution to be in proper form should set 
forth a statement of each bid received; that it is determined that the 
bid of the state is the best bid, and should provide for the sale of the 
bonds to the state in accordance with the bid of the State Board of 
Finance. To this exhibit should be attached a certificate signed by the 
board of directors, to the effect that such resolution was duly passed 
and adopted by the board of directors at a regular meeting of the 
board, setting forth the date of the meeting, the names of the directors 
present, and a statement that the same appears of record upon the 
book of proceedings of the district. 

"Exhibit J" must be a certificate by the county treasurer, showing 
the equalized assessed valuation of the district last preceding the day 
of the bond election, as shown by the records of his office. The county 
treasurer should be sure to attach his seal to his certificate. If the 
district issuing the bonds is a consolidated district the county treasurer 
should set forth the assessed valuation of each district forming the 
consolidated district as well as the assessed valuation of the con- 
solidated district. If the district is included within a union high school 
district, the county treasurer should set forth the assessed valuation 
of the union high school district. If the district is a union high school 
district the county treasurer should set forth the assessed valuation 
of each district forming the union high school district. 

"Exhibit K" must be a certificate of the county superintendent of 
schools, giving in detail the time and manner of the organization of 
the district, setting forth a copy of the order of the superintendent 



STATE OP WASHINGTON gg^ 

forming the district, together with such other information as the 
records of the county superintendent show relative to the organization 
of the district. The boundaries of the district should be set forth, 
together with a plat showing the location of such boundaries. The 
names of the officers of the district and their terms of office from the 
date of the passage of the resolution marked "Exhibit A" up to the 
date of the making of the general certificate should be certified to. 
The county superintendent in certifying as to the organization of the 
district should state whether or not the same is a consolidated district, 
and if so the districts from which it was formed. He should also state 
whether the district is included v/ithin or a part of a union high 
school district, and if so, the name and number of the union high school 
district and the districts forming the same. If the district is a con- 
solidated district the county superintendent of schools should certify 
that none of the districts forming such consolidated district were at 
the time of their consolidation included within any union high school 
district. 

"Exhibit L" must be a certificate by the county treasurer showing 
the indebtedness of the district by items and must give every class of 
indebtedness against such district, whether special or general. If the 
district is a consolidated district he should set forth the indebtedness 
of each district forming the consolidated district in addition to the 
indebtedness of the consolidated district. The indebtedness of each 
district should be set forth separately. If the district is a part of or 
included within a union high school district, the county treasurer must 
furnish a certificate as to the indebtedness of each district forming 
the union high school district. In this connection your attention is 
called to the fact that where districts are consolidated they retain 
their corporate existence for the purpose of paying off their indebted- 
ness until the same has been fully paid. The indebtedness is not 
charged as an item of indebtedness of the consolidated district. If 
the district is attempting to include taxes for the current year as an 
asset, all indebtedness which has been contracted, and all liability in- 
curred, such as salaries of teachers, janitors, etc., but is unearned and 
is payable from the money derived from current taxes, should be in- 
cluded as an indebtedness. 

The directors should certify as to all indebtedness contracted against 
the district in such a case. 



FORMS FOR USE OF SCHOOL OFFICERS AND TEACHERS 



No. Desceiption of Blank. 

2. Petition to County Superintendent for Formation of School District. 

3. Petition to County Superintendent for Alteration of School District. 

4. Notice of Meeting to Investigate Petition for Formation of New School Dis- 

trict. 

5. Notice of Meeting to Investigate Petition for Alteration of School District. 

6. Certificate of Formation of School District (to County Commissioners). 

7. Certificate of Alteration of School District (to County Commissioners.) 

11. County Treasurer's Certificate to County Superintendent of Funds to be 

Apportioned. 

12. County Superintendent's Certificate to County Treasurer of Funds Appor- 

tioned. 

13. County Superintendent's Notice to School District Clerk of Funds Appor- 

tioned. 

14. Annual Report of County Treasurer to County Superintendent (2 copies for 

each district). 

15. County Superintendent's Appointment of Director to Fill Vacancy. 

16. County Superintendent's Report of Defective Youth (each blank holds la 

names). 

17. Graded School Report (2 copies for each district maintaining graded schools). 

18. High School Report (2 copies to each high school). 

19. Annual Report of School District Clerk to County Superintendent (2 copies 

to each district). 
19s. Supplement (Census of Children of School Age — Each blank holds 50 
names). 

20. Petition to Form Consolidated District. 

21. Estimate of Expenses (1 copy to each district). 

21B. Form for Advertisement of Estimate of Expenses in Districts of First and 

Second Class. 
23. Notice of Annual School Election (3 copies for each district). 

25. Notice of Election to Vote Bonds (3 copies for each election held to vote 

bonds). 

26. Notice of Special School District Meeting (3 copies for each meeting held). 

27. Notice of Meeting to Form Consolidated District (3 notices to each). 

28. Certificate of Election and Oath of Office (1 copy for each officer elected). 

29. School District Election Poll Book (1 copy for each district). 

30. Certificate of Directors to County Treasurer that Bonds have been voted. 

31. Report to County Auditor of School District Officers Elected and Qualified 

(each blank will contain 15 names). 

32. Report to County Auditor of School District Director Appointed (report re- 

quired for each officer appointed). 

33. Teacher's Register (book). 

34. Teacher's Contract with Directors (2 copies for each contract made). 

35. Teacher's Annual or Term Report to County Superintendent (duplicate to 

clerk in register). 

37. Temporary Certificates (book). 

38. Teacher's Special Certificates. 

39. County Superintendent's Certificate that District Clerk's Reports Have 

Been Made (quarterly). 

40. Form of Contractor's Bond. 

45. Appointment of Member of County Board of Education. 

48. School District Map. 

49. Report of Teachers' Examination (each blank holds 25 names). 
52. Requisition Blanks — A, long ; B, short. 



270 



CODE OF PUBLIC INSTRUCTION 



53. Certificate of Formation of Consolidated District. 

54. Notice of Clerk Claiming Attendance. 

55A. Certificate to Clerk Claiming Attendance in Public School. 
55B. Certificate of Attendance in Private School. 

56. Report of Registers and Record Books Sold. 

57. Certificate of Organization of School Board. 

58. Excuse by Superintendent from Attendance of Pupil at School. 

59. Term Record of Grades and Examination. 

60. Report of Eighth Grade Graduates. 

69. Application for Temporary Certificate Based on Non-Accredited Paper. 

70. Application for Temporary Certificate Based on Accredited Paper. 

71. Application for Teacher's Certificate upon Examination. 

72. Application for Grades of 90 per cent, or Above. 

73. Application for Teacher's Certificate Based on Examination and Grades of 

90 per cent. Obtained in Other States. 

74. Application for Renewal of Certificate. 

75. Application for Certificate upon Papers. 

76. Application for a Permanent Certificate. 

77. Application for a Second Grade Certificate. 

78. Certificate of Attendance at Summer School (for use of principals of ac- 

credited summer schools). 
80. Clerk's Record Book. 

Note. — Blank forms may be secured from the county superintendent. 



SPECIMEN COPIES OF FORMS MOST USED 

Form No. 2. 

Petition for Formation of a School District. 

To the Superintendent of Common Schools of County, Washington: 

We, the undersigned, being heads of families and lawful petitioners for 
the purpose herein set forth, do hereby petition you to form a school district in 

the county of , State of Washington, with the following boundaries, 

viz. : [Here describe boundaries.] Our reasons for asking for the above 
described district are as follows, viz. : [Here give reasons.] Following is a 
correct list of the names of children of school age residing within the limits of 
the proposed district, viz. : 



Names of Children. 



Names of Children. 



Names of Children. 



Names of Petitioners. 



Names of Petitioners. 



Names of Petitioners. 



Dated this day of 191. . . 

Note. — This petition must be signed by at least five heads of families residing 
In the proposed district. 



STATE OF WASHINGTON 



271 



Form No. S. 

Petition for Alteration of a School District. 

To the Superintendent of Common Schools of County, Washington : 

We, the undersigned, being heads of families and lawful petitioners for the 
purpose herein set forth, do hereby petition you to change the boundaries of 
School Districts Nos and of county, State of Wash- 
ington, as follows, viz. : [Here describe change desired.] Our reasons for desir- 
ing said change of boundaries are as follows, viz. : [Here give reasons.] Fol- 
lowing is a correct list of the names of children of school age residing within 
the territory which it is desired to have transferred : 



Names of Children. 


Names of Children. 


Names of Children. 




















Names of Petitioners. 


Names of Petitioners. 


Names of Petitioners. 





















Dated this day of , 191... 

Note.- — This petition must be signed by a majority of the heads of families 
residing in the territory which it is desired to have transferred. 



FoEM No. 4. 

Notice of IVEeeting to Investigate a Petition for the Formation of a 

School District. 

Notice is hereby given that a meeting will be held at on the 

day of 191..., at the hour of o'clock. . .M., for the pur- 
pose of investigating a petition which was filed in my office on the 

day of 191..., praying for the formation of a School District, 

with the following boundaries, viz. : 



And all parties are hereby notified that a full and fair investigation will be 
made at the time and place above stated, of all matters pertaining to the forma- 
tion of the above described School District, and if it shall be deemed advisable, 
the petition will be granted and the School District formed as prayed for. 

Dated this day of 191.... 

(Signed) 

Supt. Common Schools County, Washington. 

The above notice is posted by this day of 

, 191 



Remarks. — Twenty days' notice must be given. 



272 CODE oii^ Public instruction 

Form No. 5. 

Notice of Meeting to Investigate a Petition for Alteration of School 
District Boundaries. 

Notice is hereby given that a meeting will be held at on the 

day of , 191..., at the hour of o'clock. . .M., for the pur- 
pose of investigating a petition which was filed in my ofiice on the 

day of , 191. . ., praying for changes in the boundaries of School 

Districts Nos and , ib the county of State of Wash- 
ington, viz. : 



And all parties are hereby notified that a full and fair investigation will be 
made at the time and place above stated, of all matters pertaining to said change 
of boundaries, and that if it shall be deemed advisable the petition will be 
granted and the changes made as above described. 

Dated this day of 191 

(Signed) 

Supt. Common Schools , County, Washington. 

At least one notice must be posted in each district affected by the proposed 
change, and at least one notice must be posted in the territory which it is pro- 
posed to have transferred. Notices must be posted at least twenty days. The 
county superintendent should retain a verbatim copy of the foregoing notice in 
his office. 



Form No. 15. 
Appointment of Scliool District Officer. 

By virtue of authority in me vested by law, I hereby appoint 

to the office of director of School District No of county. 

State of Washington, to fill a vacancy caused by ; 

said to continue in office until the fourth Monday following 

the next annual school election, and until his successor has qualified according 
io law. 

Done, this day of 191 

County Supt. of Schools County, Washington. 

OATH OF OFFICE. 

State of Washington, County of , ss. 

I , do hereby solemnly swear that I will support 

the constitution of the United States and the constitution of the State of Wash- 
ington ; that I will endeavor to promote the interests of education, and faithfully 

discharge the duties of director of School District No , in the county 

of , in said state. So help me God. 

(Signed) 

Postoffice 

Subscribed and sworn to before me, this day of , 191. . 



*Here state character of officer administering oath. Any school district of- 
ficer may administer it. 

Remark. — This oath should be subscribed before some officer authorized to ad- 
minister oaths within ten days after the appointment, and should be sent to the 
county superintendent at once. The county superintendent cannot recognize 
an officer as such until his oath is on file^ 



STATE OP WASHINGTON 



273 



Form No. 16. 
Report of Defective Youth. 

To the Board of Commissioners County, Washington : 

I herewith transmit to you a report of all defective youth residing in your 
county, as reported to me by the clerks of the several school districts of the 
county : 

Dated this day of 191 

Supt. of Common Schools, County, Washington. 



Name of Youth. 



Character of 
Ailment 



Name of Parent or 
Guardian. 



P. O. 



Address of Parent 
or Guardian. 



Remarks.— This report should be made to the county commissioners, at their 
August meeting, and a copy of it should be sent by the county superintendent 
to the State Board of Control at Olympia, Washington. 



Form No. 20. 
Petition for Formation of a Consolidated School District. 

To the Superintendent of Common Schools of County, Washington : 

We, the undersigned, being heads of families and lawful petitioners for the 

purpose herein set forth, do hereby petition you to form a consolidated school 

district in the county of State of Washington, consisting of school 

districts Nos and of said county. 

Our reasons for asking for the above described district are as follows, viz. : 

Following is a correct list of the names of children of school age residing 
within the limits of the proposed district, viz. : 



Names of Children 



Miles from 
School 



Names of Children 



Miles from 
School 



Names of Petitioners 



No. of 
District 



Names of Petitioners 



No. of 
District 



Dated this day of 191 

Note. — This petition must be signed by at least five heads of families re- 
siding in the proposed district. 



2IY4, CODE OP PUBLIC INSTRUCTION 



Form No. 21. 
Estimate of School District Tax Levy. 

To the Board of Commissioners County, Washington : 

I, , clerk of school district No ,of said county, 

do hereby certify that at a meeting of the board of directors, duly held in said 

school district, pursuant to sec. 219, Code of 1909, on the day of , 

191..., it was estimated that the following amount of money will be required 
for school purposes in said district during the present school year : 



General School Fund. 



Repairs 

Salaries of teachers 

Salaries of janitors 

Salary of clerk 

School maintenance and 

■supplies 

Fuel 

Warrant indebtedness . . . . 
Incidental expenses 



Building Fund. 



Sites . . . . 
Buildings 
Furnishing! 
Apparatus 



Total . 



Total . 



Note. — General school fund cannot be used for sites, buildings, furnishings 
or apparatus. 

You are hereby authorized to levy a sufficient tax on the property of school 

district No. to produce this amount after deducting the amount to 

be received by the said school district from state and county funds. 

Dated this day of , 191 

, Clerk 

School District No , County, Washington. 

Note. — This notice must be filed with the clerk of the board of county com- 
missioners on or before the first day of September. 

It is the duty of the county commissioners to make suflScient levies for bond 
Interest and redemption of bonds, in addition to the above estimates. 

The county superintendent will file with the county commissioners an estimate 
of the amount to be received by each school district from state and county 
funds. 

Amount to be raised for redemption of bonds, $ . . . . ; Bond interest, $ 



Form No. 21-B. 

Districts of the First and of the Second Class. 

[Form of Advertisement.] 

ESTIMATE OF SCHOOL EXPENSES AND RECEIPTS. 

School District No , County. (Required by chapter 138, Session 

Laws of 1909.) 

Notice is hereby given that the board of directors of school district No , 

county, State of Washington, estimate that the said school district 

Will need during the school year beginning July 1st, , the amount shown 



STATE OF WASHINGTON 



275 



by the itemized statement printed below. This estimate is subject to revision 

and the board of school directors of the above named district will meet at 

o'clock. . .M., Monday, October , at , for the pur- 
pose of giving any taxpayer an opportunity of being "heard in favor or against 
any proposed tax levies." A more detailed statement of the purposes for which 
the proposed tax levy is to be expended is now on file in the office of the clerk of 
the district and is open to inspection : 

ESTIMATE OF EXPENSES. 



General School Fund. 



Salary of superintendent. . 

Salary of attendance officer. 

Salary of clerk or secre- 
tary of school district. . 

Salaries of . . . principals.. 

Salaries of supervisors . . . 

Salaries of ... teachers... 

Salaries of . . . janitors . . . 

Interest on warrant indeb- 
tedness 

Payment of warrant indeb- 
tedness 

Supplies for teachers and 
pupils 

Advertising 

Operating expenses 

Incidentals 

Repairs 



Total . 



Building Fund. 



Sites 

Buildings . 
Furnishings 
Apparatus . 



Total . 



ESTIMATE OF RECEIPTS. 





$ 


Sale of bonds 


$ 
























Total 




Total . 


$ 


$ 









Amount to be raised by district tax. 
Dated: , 191 



Clerk of School District No County. 

General school fund cannot be used for sites, buildings, furnishings or ap- 
paratus. 

It is the duty of the county commissioners to make sufficient levies for bond 
interest and bond redemption fund, in addition to the above estimates. 

Amount to be raised for, Redemption of Bonds, $ ; Bond Interest, $ 



Form No. 23 

Notice of Annual School Election. 

Notice is hereby given that the annual election of School District No 

of county. State of Washington, will be held at , in 



2Y6 CODE OF PUBLIC INSTRUCTION 

said School District, on Saturday, tlie day of March, 191. . . ., 

for the purpose of electing one school district director for a term of three years 

and for the transaction of such other business as may lawfully come before the 
meeting. 

The polls will be open from o'clock. . .M. to o'clock. . .M. 

By order of the board of directors. 

Dated this .day of , 191. . .. 

School District Clerk. 

Remarks. — Three of these notices must be posted at least ten days prior to- 
the day of election, one of which must be at the place of holding the election. 

All elections should be held at the school house, if there be one, on the first 
Saturday in March. 

If vacancies are to be filled in the office of director, the clerk will state the 
facts in the blank space left for that purpose. No school district clerk will be 
elected by the people, the directors being required to elect one. Directors 
elected will take office the fourth Monday after their election, and clerks will 
take office as soon as they are elected by the school board. The board should 
be organized, and the clerk elected on the fourth Monday after the school elec- 
tion, at two o'clock p. m. In districts of the third class the clerk must be a 
member of the board. In districts of the second class he may or may not be a 
member of the board. 



Form No. 25. 

Notice of School District Bond Election. 

Notice is hereby given that a special election will be held at 

in School District No of county, State of Washington, on 

the day of , 191 . . . , for the purpose of determining 

whether or not the directors of said school district shall borrow money and 

issue bonds for the district in the sum of dollars, for the 

purpose of ... Said bonds, if 

issued, shall bear a rate of Interest not to exceed 6 per centum per annum, pay- 
able annually ; the bonds to be payable and redeemable in 

years after date : * Provided, That said school district reserves the right ta 

pay or redeem said bonds, or any of them, at any time after years 

from the date thereof. 

The election will be by ballot. Those in favor of the issuing of bonds, as 
above specified, will vote "Bonds, yes ;" those opposed, "Bonds, no." 

The polls will be open from o'clock. . .M. to o'clock. . .M. 

By order of the board of directors. 

Dated this day of 191 

( Signed) School District Clerk. 

Remarks. — All elections must be held at the school house, if there be one. At 
least three notices must be posted at least ten days, one of which must be at 
the place of holding election. 

*If the directors do not desire the option of paying the bonds, or any part 
of them, before the maximum limit stated in the notices, this clause should be 
erased. 



Form No. 26. 

Notice of Special School District Meeting. 

Notice is hereby given that a special meeting of the legal school electors of 

School District No of county. State of Washington, will 

be held at in said district on the day of , 191 . . . ^ 



STATE OF WASHINGTON 2^7 

beginning at tlie hour of .o'clock. . .M. of said day, for the purpose of 

determining* 

By order of the board of directors. 

Dated this day of 191 

(Signed) School District Clerk. 

Remarks. — At least three notices should be posted at least ten days. 

♦See Sec. 345-6-7, School Code. 



Form No. 27. 

Notice of Meeting to Form Consolidated School District. 

Notice is hereby given that a meeting will be held at on the 

day of , 191 . . . , at the hour of o'clock 

.... m., for the purpose of investigating a petition which was filed in my office 
on the day of 191 . . . , praying for the con- 
solidation of school districts Nos and , thus forming a consolidated 

school district. 

And all parties are hereby notified that a full and fair investigation will be 
made at the time and place above stated of all matters pertaining to the forma- 
tion of the above described school district, and, if it shall be deemed advisable, 
the petition will be granted and the school district formed as prayed for. 

Dated this day of 191 ... . 

(Signed) 

Supt. of Common Schools of County, Washington. 

Remarks. — Twenty days' notice must be given and three notices should be 
posted in each district. 



Form No. 28. 

Certificate of Election and Oath of Office. 

To the Superintendent of Schools County, Washington : 

I hereby certify that at the annual election of School District No , 

county, State of Washington, held on the day of 

, 191 M was duly elected to the office 

of director of said district for a term of years, beginning on the 

fourth Monday next succeeding said election. 

I further certify that h . . . postoffice address is , State of Washington. 

( Signed ) 

Clerk of Annual School Election. 

OATH OF OFFICE. 

State of Washington, County of ss. 

I, , do hereby solemnly swear (or affirm) that I will 

support the constitution of the United States and the constitution of the State 
of Washington ; that I will endeavor to promote the interests of education, and 



278 



CODE OF PUBLIC INSTRUCTION 



will faithfully discharge the duties of director of School District No in 

the county of .in said state. So help me God. 

( Signed ) 

Subscribed and sworn to before me this day of , 191. . . 



(Here state official character of officer who administers oath.) 
Remarks. — This notice should be given to the person elected, who must 
qualify within ten days, and send the oath and certificate above to the county 
superintendent. He must also file with the county auditor his signature, certified 
to by some school officer. The auditor cannot register any warrants signed by 
any school officers whose signatures so certified, are not filed in his office. The 
county superintendent should not recognize any one as director or clerk whose 
oath is not on file in his office. 



Form No. 29. 

School District Election Poll Book. 

Poll book of an election held in School District No of 

county, State of Washington, on the day of 191 .. . 

and being chosen judges of said election, 

and clerk, all being duly sworn, as required by 

law, before entering upon the duties of their respective offices. 



NUMBER AND NAMES OP ELECTORS VOTING. 


No. Name of Voter. 


No. Name of Voter. 
















Tally List. 


Tally List. 



















We hereby certify that the whole number of electors voting at this election 

amounts to ; that the whole number of ballots cast at this election 

amounts to ; that received votes ; 

that received votes 

Attest : 



Judges. 



Clerk of Election. 

OATH OF JUDGES OF ELECTION. 

State of Washington, County of ss. 

We and do solemnly swear 

that we will, as judges of an election to be held In and for School District No. 
, of county, State of Washington, on this 



STATE OF WASHINGTON g>79 

day of , 191. . . ., duly attend said election during its con- 
tinuance ; that we will not receive any vote or ballot from any person other than 
such as we firmly believe to be duly qualified voters at said election, according to 
law ; that we will make a true and perfect return of said election, and will, in 
all things, faithfully and impartially discharge our duties as judges of said elec- 
tion to the best of our judgment and ability ; and that we are not directly or 
indirectly interested in any bet or wager on the result of said election. So 
help us God. 



Judges. 
Subscribed and sworn to before me this day of 191. . 

(Here state ofHcial character of officer who administers oath.) 

OATH OP CLERK OF ELECTION. 

State of Washington, County of ss. 

I, do solemnly swear that I will, as clerk of an election 

to be held in and for School District No , county of , State 

of Washington, on this day of 191. . . ., duly at- 
tend said election during its continuance ; that I will record on the poll book of 
said election the name of each person voting thereat, and faithfully and im- 
partially discharge the duties of clerk of said election ; and that I am not 
directly or indirectly interested in any bet or wager on the result of said elec- 
tion. So help me God. 

Clerk of Election. 
Subscribed and sworn to beibre me this day of 191. . 



(Here state official character of officer administering the oath. A director 
may administer it.) 

Remarks. — Election boards may vary the tally lists and certificate to suit 
the nature of the election. If held for the election of officers at an annual 
election, the name of each person voted for must be entered on the tally list, and 
a tally of the votes cast for him must be placed opposite his name. If the elec- 
tion be for approving estimate of expenditures for current year, or for selecting 
school house site, etc., or for voting bonds, the number of votes for and against 
the proposition must be entered on the tally list. The certificate must simply 
contain a summary of the vote as shown by the tally list. Election boards are 
chosen by the voters. The school district officers, or any part of them, may be 
chosen as an election board. The poll book and all other papers should be for- 
warded by the clerk of election to the county superintendent. Attached to the 
poll book should be the oaths of the judges and clerk of election. 



Form No. 30. 

Certificate of Bond Election. 

To the Treasurer of County, Washington : 

State of Washington, County of , ss. 

We, the undersigned directors of School District No.. . ., of 

county, Washington, do hereby certify that at an election held in said School 
District on the day of 191 ... , it was voted that 



280 CODE OP PUBLIC INSTRUCTION 

the bonds of said School District shall be issued by the directors thereof in the 

sum of dollars, ($ ), payable 

years after date, with interest not to exceed six per cent, per annum, payable 
annually ; and we further certify that the board of directors of said School Dis- 
trict reserves the right to redeem said bonds as follows : 



Witness our hands this day of 191 . 



Directors. 
Attest : 



Director and Clerk. 

Certificate of Bond Election Officers. 

We, , , and , 

as judges and clerk respectively of the bond election held in School District No. 

. . . , county. State of Washington, on the day 

of , 191 ... , do hereby certify, that we were duly se- 
lected by the voters present at the polling place of said election at the hour of 
the opening of the polls ; that we took and subscribed to the oath as 
such judges and clerk of said election, as provided by law ; that the polls of 

said election were opened at 1 o'clock p. m., and closed at o'clock p. m. 

(The hour named in the notices of election, for the closing of the polls should be 
inserted here. This should not be earlier than 4 o'clock p. m., nor later than 8 
o'clock p. m.) ; that to the best of our knowledge we permitted none but the duly 
qualified electors of said district to vote at said election, and refused none of the 
duly qualified electors the right to vote ; and that the election was conducted in 
all respects as required by law. 



Judges. 
Clerk. 



Dated this day of 191 . 



Form No. 34. 

Notice of Teacher's Contract. 

To , County Superintendent of Schools : 

The following contract has been made in accordance with the action of the 

board of directors, as found in the minutes of the meeting of the day of 

191 

Clerk District No 

TEACHEE'S CONTRACT. 

It is hereby agreed, by and between the directors of School District No , 

county of , State of Washington, and , the 

holder of a teacher's certificate now in force in said county, that said teacher 
is to teach, govern and conduct the public school of said district to the best of 
h... ability, follow the course of study lawfully adopted, keep a register of the 
daily attendance of each pupil attending said school, make all reports required 
by law or by lawful authority, and endeavor to preserve in good condition the 



STATE OP WASHINGTON ggi 

school house, grounds, furniture, apparatus, and such other property of the dis- 
trict as may come under the immediate supervision of said teacher, for a term 

of school months, commencing on the day of 

191 , for the sum of dollars per month, to be paid at the 

end of each school month, out of the funds of said School District, upon a war- 
rant drawn by the directors of said School District and payable by the county 
treasurer : Provided, That if said teacher shall be legally dismissed from school, 

or shall have certificate lawfully annulled, by expiration or otherwise, 

then said teacher shall not be entitled to compensation from and after such dis- 
missal and annuUment : Provided further, That the wages of said teacher for 
the last month of the school term shall not be paid unless said teacher shall 
have made all reports hereinbefore mentioned, and shall have kept the register in 
a proper manner as directed therein. 

And the directors of said School District hereby agree to keep the school house 
in good repair, to provide a school register, fuel and other necessary supplies 
for the comfort of the school. 

In witness whereof, we have hereunto subscribed our names this 

day of 191. . . 



Directors of School District No 

Teacher. 

P. O. Address 

Attest : Clerk. 

Approved and registered , 191 . . . 

, County Superintendent. 

Note. — The law positively requires the making of these contracts. The con- 
tract should be made in duplicate and mailed by the clerk to the county superin- 
tendent of common schools, who will register it and return one copy to the 
clerk and the other to the teacher. Directors can make no contract, lawfully, 
which extends beyond the time when the teacher's certificate expires ; and the 
law requires that all teachers shall be employed at school board meetings. 



Form No. 39. 

County Superintendent's Certificate That All Reports Have Been Made. 

Office of Superintendent of Schools County, Washington. 

191 

To the Board of Directors of School District No County, Washington : 

I hereby certify that , clerk of School District No , 

has made all reports due from said district, to the county superintendent, for the 
quarter last past, including the following : 



County Superintendent. 

Remarks. — This certificate is required to be made out and forwarded, on or 
before the last Saturday of January, April, July and October of each year, to 
all clerks who have made all reports required by law, and the board of directors 
is forbidden to audit any account or issue any warrant for services performed by 
any clerk until this certificate is filed with them. 



CODE OF PUBLIC INSTRUCTION 



Form No. 40. 
Form of Contractor's Bond. 
BOND. 
Know All Men by These Presents : 

That (Hereinafter called the Principal), and 

(hereinafter called the Surety), are held and firmly bound unto the State 

of Washington in the penal sum of dollars ($ ) in 

lawful money of the United States, for the payment of which sum well and 
truly to be made the said Principal and the said Surety bind themselves, their 
heirs, executors, administrators, successors and assigns, jointly and severally, 
firmly by these presents. 

Signed and dated this day of , A. D., 191. .. The con- 
dition of the obligation is such that. 

Whereas, said Principal has entered into a written contract with School 

District No , County, State of Washington, dated the 

day of , A. D., 191 .. , for 



according to the terms and conditions of said contract, a copy of which is hereto 
attached and made a part hereof. 

Now Therefore, if the said Principal shall faithfully perform all of the 
provisions of said contract in the manner and v/ithin the time therein set forth, 
and shall pay all laborers, mechanics, sub-contractors and material men, and all 
persons who shall supply said principal or sub-contractors with provisions and 
supplies for carrying on of said work, all just debts, dues and demands incurred 
in the performance of said work ; and shall hold said School District No. . . . , 

County, State of Washington, harmless from any loss or damage 

occasioned to any person or property by reason of any carelessness or negligence 
on the part of said principal, or of any sub-contractor, in the performance of 
said work, then and in that event this obligation shall be void ; but otherwise 
it shall be and remain in full force and effect. 

In Testimony Whereof, the said Principal and the said Surety have here- 
unto caused this instrument of writing to be signed and sealed by their duly 
authorized officers. 



Principal. 



Surety. 
Witnesses : 



Form No. 54. 

Notice of District Clerk Claiming Attendance. 

To the Clerk of School District No , County : 

You are hereby notified that the public school of this district opened on the 

day of , 191 .. , that it will close on the 

day of , 191...., and that all brances will be taught up 

to and including those of the grade ; that this district claims the 

attendance of its resident pupils who attend your school during the time this 



STATE OF WASHINGTON 



283 



school is in session. On or before June 30th, 19 you will please certify to 

the clerk of this district the number of days' attendance of the following named 
pupils who have attended your school during the time this school has been in 
session : 



Signed. 



Clerk of School District No. 
, 191 



Dated this day of 

Note. — A copy of this notice must be sent to the county superintendent at 
the time it is served on the school clerk. 



Form No. 55 A. 

Certificate of Attendance. 

To the Clerk of School District No , County, Washington : 

You are hereby notified that the following named students have attended 

school in District No. . . . , between the day of , 191 . . , 

and the day of , 191 . . ; that they are entitled to 

attendance in your school during such time, and that the attendance of each 
pupil during such time was as follows : 



Name of Pupil. 



Number of 
Days. 



Name of Pupil. 



Number of 
Days. 



(Signed) 

Clerk School District No. . . . , County. 



Form No. 55 B. 

Certificate of Attendance. 

To the Clerk of School District No...., County, Washington. 

You are hereby notified that the following named students have attended* 

between the day of , 191 . . , 

and the day or , 191 .. , and that the attendance of each 

pupil during such time was as follows : 



Name of Pupil. 


Days. 


Name of Pupil. 


Days. 



































(Signed) 

Title 

Note. — Accredited attendance cannot "be allowed from a business college, 
art school, or any other school wnose course of study does not parallel the course 
of study in the common school up to and including the eighth grade. 

♦Here insert name of school. 



284 CODE OP PUBLIC INSTRUCTION 

Form No. 57. 
Certificate of Election of Clerk and Chairman. 

To the Superintendent of Schools County, Washington : 

You are hereby notified that at a meeting of the board of directors of School 

District No , of said county, held on the day of , 

191..,, M , whose P. O. address is , 

was duly elected chairman of the board, for a period of one year, and that 

M , whose P. O. address is , 

was duly elected clerk of the board for a period of one year from and after 

March 191 

(Signed) 

Clerk School District No 

Note. — The new board must meet and organize by the election of a chair- 
man and clerk, on the fourth Monday next succeeding the annual school elec- 
tion. 

Forward this report to county superintendent immediately. 



Form No. 58. 
Excuse of Child From Attendance at School. 
To Whom It May Concern : 

All parties are hereby notified that , whose age is 

years, and whose residence is of 

county, State of Washington, is hereby excused from attendance at school for 

a period of months from and after this date, for the following 

reason, viz. : 



and that any person or corporation is at liberty to employ the above named 
child during the period for which he is excused from attendance at school, as 
above indicated. 

Dated at , Washington, this day of , 191 .. . 

(Signed) 

Superintendent of 



ERRATA 



A change in numbering the last sections in the book makes inac- 
curate the following cross references: 
Under § 14 to § 601 
Under § 18 to § 606 
Under § 107 to § 609 
Under § 152 to § 624 
Under § 195 to § 618 
Under § 544 to § 600 



INDEX 

ACCREDITED INSTITUTIONS : Sec. Page. 

Attendance at, basis for new certificate 325 154 

Higher institutions accredited by state board 11(3) 15 

Normal training departments, tiow accredited 11(6) 16 

Requirements, must equal those of university or normal schools 11(3) 15 

Secondary schools, accredited by state board 11(5) 16 

ADULTS : 

Admitted to State Institution for Feeble-Minded 84% 47 

May attend school, when 166 84 

AGRICULTURE — (see STATE COLLEGE, Experiment Station) : 

Taught in State Institution for Feeble-Minded 87 48 

Use of school property for 460 207 

ALCOHOL: 

Failure to provide for teaching effects of, penalty 370-1 175-6 

Intoxicating liquors, sale prohibited near educational insti- 
tutions 430 197 

penalty for violation 431 198 

prohibited on or near university grounds 475 212 

penalty for violation 476 212 

Teaching effects of, required 89 49 

Use by teacher, prohibited ... par. 9 259 

ALTERATION OF BOUNDARIES— (see DISTRICTS). 

ANIMALS, teaching kindness to, required 89 49 

APPARATUS— (see SUPPLIES). 
APPEALS : 

Basis of 386 182 

Consolidated district, effect of appeal 121n 61 

Contracts, teacher to appeal to county superintendent 384n 181 

when taken to courts 385 181 

Decision, to be final, except 389 182 

copies of, record of . 390 183 

court may review 389 182 

reported to county assessor, when 391 183 

Failure to, prevents 109n 55 

Heard and decided by state board, when 11(11) 17 

Hearing, procedure 388 182 

From decisions or orders 384 181 

From verdict in condemnation proceedings 427 196 

New districts, adjustments in 112 57 

Notice of appeal 387 182 

of decision 390 183 

of hearing 387 182 

Refusal to register certificate, appeal from 315 151 

Revocation of certificate, appeal from 337 161 

Time limit 384 181 

Transcript 387 182 

To state superintendent on points of law 5 (14) 12 

To whom taken 385 181 

Union high school districts, concerning formation 149 71 



Note. — Index references are made to the section and to the page where the 
section starts. In some cases the subdivision of the section and the page on 
which it appears are given. The letter "n" refers to the note which follows to 
the specified section starting on the specified page. The symbol "ff" refers to 
the section specified and those immediately following. 



286 



INDEX 



APPORTIONMENT : Sec. Page 

Attendance outside of district, created how 246-7 118-9 

Basis of, county superintendents' annual reports 244 118 

total days' attendance, minimum 245 118 

Consolidated districts, attendance accredited 126 63 

when not entitled to 123 62 

County funds, manner of 285 132 

County superintendent to make to districts 253 120 

duty regarding 157(14) 76 

County treasurer to report amounts 239(2) 114 

Credit where school is closed for contagious disease 254 121 

Dates of 243 118 

Districts must maintain school minimum term 255n 121 

Defectives, school for, attendance accredited 250 120 

High school, attendance counted, how 249 120 

bonus to, conditions 252 120 

Institute attendance, credit for 261 123 

double, not allowed 258n 122 

Joint districts, how made to 137 67 

Kindergartens not included 412 192 

Loss of, liability for 372 176 

iUd 373 177 

Minimum credit allowed 245 118 

New district entitled to, when 382 180 

Night school, attendance credited, how 251 120 

Number 243 118 

Parental schools 250 120 

Private schools, attendance accredited 248 119 

courses must parallel common schools 255n 121 

Union high school districts, how made to 148 71 

Withheld by county superintendent, when 255 121 

when teacher is not legally qualified 381 179 

ARCHITECT, first class districts may employ 191(6) 93 

ASSISTANT SUPERINTENDENT OP PUBLIC INSTRUCTION: 

Appointed by state superintendent 6 13 

Certificate to be held by 6 13 

ATHLETIC FIELD, directors may acquire by eminent domain. . . 174n 86 

ATTENDANCE : 

Compulsory— (see COMPULSORY ATTENDANCE). 

Credit for time lost by quarantine 254 121 

Days of, basis of apportionment 245 118 

High school, how counted 249 120 

In private schools, credited 248 119 

May not be figured as asset 253n 120 

Night school, credited how 251 120 

Officer, appointment and duties 395 185 

failure to perform duty, penalty 401 188 

may arrest without warrant 396 186 

One hour required. . par. 12 260 

Outside of district, credited how 246-7 118-9 

Parental school, credited how 250 120 

Schools for defectives, credited how 250 120 

ATTORNEYS : 

Districts of second and third class may not employ 163n 80 

First class districts may employ 191 (6) 93 



INDEX 287 



ATTORNEYS — Continued : Sec. Page 

Prosecuting attorney, to serve for school districts 456 205 

duty to enforce certain section 371 176 

in proceedings relating to compulsory attendance 399 187 

notice signed by, when 417 193 

ATTORNEY GENERAL, legal advisor for university 21 22 

BALLOTS : 

Form of, in bond elections 289 134 

In elections to validate indebtedness 306 145 

in general elections 341 163 

in special meetings 346 166 

Required in first class districts 349 168 

BIBLE— (see RELIGION). 

BIDS : 

Advertised for in first class districts, when 190 91 

readvertisement not required, when 190n 91 

For textbooks, advertised 267, 269 125-6 

On bonds, advertisement for 290 136 

for validation of indebtedness 308 146 

restrictions regarding 291 137 

BLIND— (see STATE SCHOOL FOR BLIND). 

BOARD OF CONTROL — (See STATE BOARD OF CONTROL). 

BOARD OF EDUCATION, COUNTY — (see COUNTY BOARD OP 
EDUCATION). 

BOARD OP EDUCATION, STATE — (see STATE BOARD OF 
EDUCATION). 

BOND, CONTRACTOR'S : 

Copy of form of 282 

Required on university buildings 22 22 

Required on state college buildings 44 82 

Security for labor on public works 577 253 

liability for loss 578 255 

action on bonds 579 255 

BONDS, OFFICIAL: 

County superintendent to give 154 73 

First class districts, may be required of employes 191(12) 94 

secretary to give 183 89 

State college regents to give 29 26 

secretary to give 30 27 

treasurer to give 30 27 

Superintendent of state school for girls to give 506 229 

Superintendent of state training school to give 521 234 

BONDS, SCHOOL DISTRICT : 

Advertisement for bids on 290 136 

Authority to issue 288 133 

Bids, opening and accepting 291 137 

Commission not to be allowed county treasurer 290n 136 

Consolidated district, when issue is invalid 127n 64 

Delivery of bonds, when and how 291 137 

Disorganization of district not to affect validity 151 72 



gg3 INDEX 



BONDS, SCHOOL DISTRICT — Continued : 8ec. Page 

Elections to authorize, how held .....". 289 134 

ballots, form of 289 134 

form not to invalidate 341n 163 

notice of 289 134 

registration not required (except in first class districts) . . . 289n 134 

vote required 289 134 

Exchange of warrants for 292 138 

Fees for advertising, how paid 291 137 

Form and execution 289-290 134-6 

in districts of first class 289 134 

Holders to notify county treasurer 300 141 

Incidental costs, how paid 301 142 

Instructions relative to issuance, transcript 261 

Interest on, levy for 294 138 

must be paid 296 140 

not to exceed what limit 288 133 

to cease, when 302 142 

Issuance of, not to prevent formation or alteration of districts 106 54 

Joint districts, to what county deemed belonging 293 138 

tax levy, duties of county treasurers 295 140 

Legal when part is issued to pay outstanding warrants 168n 80 

Limit of indebtedness 288 133 

Matured, may be exchanged for 299 141 

Notice to bond holders of redemption 300, 302 141-2 

Preference in investments of state board of finance, given to . . 550 243 

Printing or lithographing, payment for 297 140 

Propositions stated separately 289n 134 

separate, may be submitted at one election 289n 134 

Purposes of issue 288 133 

Redemption, date of 288 133 

how made 302 142 

Redemption fund, created 294 138 

tax levy credited to, when 294n 138 

Refunding, issuance, when 298-9 141 

Registered with county treasurer 290 136 

Sale of, to be advertised 290 136 

restrictions on 291 137 

Sinking fund, levy for 294 138 

investment of 294 138 

not to be divided llln 57 

Validation of indebtedness, issuance for 307 146 

exchange of warrants for bonds 309 147 

form and execution 307 146 

interest rate 307 146 

moneys arising from, how deposited 307 146 

of district merged with first class district 310 147 

sale of, how regulated 308 146 

BOND REDEMPTION FUND— (see BONDS; REVENUES, 
SCHOOL). 

BOOKS— (see LIBRARIES; TEXTBOOKS). 

BOUNDARIES, appeals regarding, taken to county commissioners 385 181 

BUILDINGS : 

County superintendent, to approve plans for, when 175 87 

power to enforce provision 157(20) 77 

Directors' powers over 105 53 

ibid 163(3) 80 



INDEX 



289 



BUILDINGS — Continued : See. Page 

Doors to swing outward, penalty for violation 464 208 

Erection or sale of, authorized by special meeting 345 166 

First class districts, directors may erect, limitation , . 194 96 

bids advertised for . . . . , 190 91 

secretary superintendent of 182 89 

Second class districts, erection or removal, vote necessary 204 101 

Third class districts, vote required 220 106 

approval of plans 221 106 

Uses of, authorized 163 (10) 81 

Wider use of, for community purposes 460 207 

BUILDING FUND— (see REVENUES, SCHOOL). 

BUREAU OF INSPECTION: 

May make special investigation 288 %n IIS 

To install uniform system of accounting 284n 112 

CENSUS, SCHOOI^(see SCHOOL CENSUS). 

CERTIFICATION : 

Certificates and diplomas, classification — - 

city 324(2) 154 

board of examiners, how constituted 326 157 

powers 326 157 

exemptions from examinations 330 159 

grammar school 326(2) 157 

renewal 326 (2) 157 

subjects required 328 158 

validity 326(2) 157 

high school 326 (2) 157 

renewal 326 (2) 157 

subjects required 329 159 

validity 326(2) 157 

primary 326(2) 157 

renewal 326(2) 157 

subjects required 328 158 

validity 326(2) 157 

qualifications of applicants 327 158 

special, requirements 331 159 

common school 324 ( 1 ) 153 

age of applicant 314 150 

first grade 325 (4) 155 

renewal of 325 (4) 155 

subjects required 325 (4) 155 

validity 325 (4) 155 

first grade primary 325 (3) 155 

renewal of 325 (3) 155 

subjects required 325 (3) 155 

validity 325 (3) 155 

Issued or countersigned by state superintendent 312 150 

life, requirements of 325(7) 156 

validity 325 (7) 156 

permanent, requirements for 325(6) 156 

validity 325 (6) 156 

professional 325 (5) 156 

renewal of 325 (5) 156 

subjects required 325(5) 156 

validity 325 (5) 156 

—10 



290 INDEX 



CERTIFICATION — Continued : " Sec. Page 
Certificates and diplomas, classification — 
common school — • 

second grade 325 154 

given holder of third grade, when, t 325(1) 154 

renewal of 325 (2) 154 

subjects required 325(2) 154 

validity 325 (2) 154 

third grade 325(1) 154 

advanced to second grade, how 325(1) 154 

subjects required 325(1) 154 

validity 325(1) 154 

valid in lieu of city certificate 330 159 

credits of ninety per cent., effect 316 151 

does not apply to elementary normal school certificate. 316n 15i 

obtained in other states, conditions 319 152 

examinations, where and when held 322 153 

experience, evidence required 317 151 

fees for issuance or renewal, disposition. . 313 150 

paid into institute fund 262 123 

forfeiture of 379 179 

for use of tobacco or narcotics on school premises. .. .par. 9 259 

higher institutions of learning, issued by 324(3) 154 

issued by state superintendent 5(12) 12 

kindergarten teachers to hold what 414 192 

letter not equivalent to certificate 225n 109 

life diplomas granted graduates of accredited normal train- 
ing departments 11 (6) 16 

moral character, evidence required 315 151 

normal school — ■ 

contents and signatures 55 36 

elementary certificate 57 87 

granting of 332 159 

life diploma 57 37 

normal school diploma 57 37 

secondary certificate 57 37 

optional subjects for examination 318 152 

registration 321 152 

approval required, when 157n 74 

requirement, refusal 315 151 

revocation of certificates — 

appeal, procedure, effect 337 161 

by whom 335 160 

causes for 335 160 

failure to attend institute, effect 376 178 

hearing for 335 160 

impropriety, no cause for 335n 160 

penalty for 336 161 

proceedings subject to review by court 325n 109 

special, classified 324(5) 154 

issuance of, when 334 160 

validity 334 160 

state college, normal diploma 43 31 

life diploma 43 31 

state life certificates and life diplomas, accredited how... 11(4) IG 

subjects and markings of examinations written on face of 320 152 

temporary, classified 324 (4) 154 

granted by county superintendent 157(15) 77 

issuance of 333 160 

university of Washington, normal diploma 18(3) 20 

life diploma 18(3) 20 



INDEX 29 X 



CERTIFICATION — Continued : Sec. Page 

Examinations may be taken piece-meal 316 151 

Institutions accredited for, by state board 11(3) 15 

List of certified teachers kept by state superintendent 5(11) 12 

Possession of certificate, proof of eligibility 163n 80 

Renewal, state and territorial, valid for 311 149 

School year, definition for , , 90 50 

Teachers must hold valid certificates 225 109 

ibid 229 111 

failure nullifies contract 225n 109 

Teachers in normal school not required to have 311n 149 

Territorial life diplomas not invalidated 311 149 

Validation of certificates issued prior to act 311 149 

CHARTS— (see SUPPLIES). 

CHILDREN— (see JUVENILE COURT LAW; JUVENILES; 

PARENTAL OR TRUANT SCHOOLS; PUPILS). 

Compulsory attendance at school 392 183 

Dependent and delinquent, who are 484 215 

wards of the state 484 215 

Employment of, forbidden, when 393 184 

Shall not be detained in jail 494 224 

CHILD LABOR, forbidden, when 393 184 

Attendance officers, duties 395 185 

Forbidden, except 443 201 

Legal age of employment 393n 184 

Penalty for violation 394 185 

Penalty for violation 444 202 

CIRCULATING LIBRARY, COUNTY— (see LIBRARIES). 

CITIES : 

Each to constitute one school district 106 54 

Employing more than one hundred teachers — (see DISTRICTS). 

Extension of limits, annexation of territory 117 59 

(See also DISTRICTS). 

Clerk of, to furnish registration books, when 352 168 

CITY SUPERINTENDENT : 

Authority over teachers 15 260 

Certificates, granting of, in certain districts 326fE 157 

fees for, credited to mstitute fund 262, 313 123, 150 

member of board of examiners 326 157 

City institute, may hold when 259 122 

Clerk, cannot hold office of 223n 107 

Compulsory attendance, may excuse from 392 183 

failure to enforce, penalty 401 188 

truancy or incorrigibility, to report 397 187 

Course of study, to prepare, approval of 268 126 

False report of presence of pupils, penalty 379 179 

First class districts, election, term, salary of 191(1) 92 

elected by roll call 179 88 

assistant city superintendents may be employed 191(7) 93 

Report of 226 110 

Second class districts, election of, powers of 206 102 

Teachers report to 226 110 

Textbook commission, chairman of 266 124 

Third class districts, elected when, power of 216 104 

report required from 217 104 

Women may serve as 95 51 



292 



INDEX 



CLASSES OF SCHOOL DISTRICTS— (see DISTRICTS). Sec. Page 

CLERKS, DISTRICT — (see also SECRETARY) : 

Administrative ofHcer 2 9 

Boundaries of district, descriptions, how secured 157(12) 76 

Claim for attendance in other districts 247 119 

Compensation, conditions of 224 109 

Consolidated district, organization of board in to be reported. 128 64 

Contract, teacher's duplicate of, to retain 163(1) 80 

County treasurer to make monthly statement 239(5) 115 

Deaf or blind youth, report 75 42 

Defective youth, report 82% 46 

Duties of, enumerated 223 107 

accounts, to keep 223(2) 107 

annual report to county superintendent 223(4) 107 

meetings of board, to attend 223(1) 107 

notices of elections and board meetings, to give 223(6) 108 

record of proceedings, to keep 223(1) 107 

school census, manner of taking 223(3) 107 

supplies purchased, to keep account of 223(5) 108 

teachers employed, to report, etc 223(7) 108 

warrants, to sign and report 223(8) 108 

Election of, in consolidated district 128 64 

Elections, notices of 339 162 

to canvass returns, when 338 161 

Indebtedness, report payment of 120 61 

of consolidated districts, report 127 64 

Joint district, reports of, how made 140 68 

shall file certificate 133 66 

Oath of office, filing of 172 86 

may administer, when 172 86 

Organization of board, notice of change in 222 106 

Purchasing agent, director may act as, if clerk 169 85 

Records, etc., must be delivered to successor 171 86 

failure, penalty 373 177 

Reports required by county superintendent 158 78 

failure to make, penalty 372 176 

required, to be furnished 157n 74 

observance of compulsory attendance law 400 187 

penalty for failure or false report 4O0 187 

School census, shall take 223(3) 107 

copy furnished teacher 397 187 

School law, shall receive copy of 5(6) 11 

Second class district, election and removal 200 99 

Service on, to constitute service on district 163n 80 

Signature must be filed with county auditor 173 86 

Special meetings, clerk of, duties 346 166 

Supplies, purchase of, etc 223(5) 108 

itemized bills for 163n 80 

Superintendent may not serve as 223n 107 

Teachers' registers, to examine 227 110 

Teachers' reports, copies of, to receive 226 110 

Third class districts, election and removal 212 103 

Tuition, transfer of money for 166 84 

Union high school district, notice of elections for forming. . . 142 69 

election of 143 69 

powers in 147 71 

notice of organization 144 70 

Woman may serve as 95 51 



INDEX 



293 



COEDUCATION : Sec. 

State institution for feeble-minded 86% 48 

State normal schools 59 38 

State training school 69 41 

University of Washington 15 18 

COMMENCEMENT, directors ma}- not pay expenses of 163n 80 

COMMON SCHOOLS : 

Adults may attend, when 166 84 

Ages of pupils admitted to 88 49 

pupils under six barred 163 (6) 80 

pupils who are six, may be barred, except 163n 80 

Course of study prepared by state board 11(7) 17 

Defined 88 49 

by supreme court In 9 

Directors may make by-laws for government of 167 84 

Disturbing school, penalty 378 178 

Free from sectarian influence 96 52 

Kindergarten, free, in connection with 411 191 

Rules for, prescribed by state board 11(7) 17 

contained in state manual 5(17) 13 

School day and school month 90 50 

Schools included in 1 9 

School year 91 50 

Subjects to be taught 89 49 

Taught in English language 89 49 

COMMUNAL ASSEMBLY PLACE, erection of 461-2 207-8 

Board of supervisors to approve 462 208 

COMMUNITY PURPOSES, use of school property for 460 207 

Assembly place may be erected 461 207 

Board of supervisors 462 208 

Limitation of expenditures 463 208 

COMPULSORY ATTENDANCE : 

Ages, limits of 392 183 

At free government schools 479 213 

demand for 480 214 

enforcement 481 214 

excuse from 479 213 

fines, disposition of 483 215 

penalty for violation 482 215 

Attendance at school required 392 183 

Attendance officers, appointment, duties 395 185 

may arrest without warrant 396 186 

Clerk shall report 400 188 

penalty for neglect, etc 400 188 

Concurrent jurisdiction 398 187 

County attorney to prosecute 399 187 

County superintendent to issue notice 40O 187 

Employment of children forbidden, when 393 184 

certificate required 393 184 

Excused, when 392 183 

Failure of officers to perform duties, penalty 401 188 

Fines, disposition of 402 188 

Home is not private school 392n 183 

Justice of peace shall bind over 396 186 

Officers not liable to costs 403 188 

Truancy to be reported 397 187 



294 



INDEX 



CONDEMNATION PROCEEDINGS — (see SITES). Sec. Page 

CONSOLIDATED DISTRICTS— (see DISTRICTS). 

CONSTITUTION, STATE, state manual to contain outline of.. 5(17) 13 

CONTAGIOUS DISEASES : 

Infectious, bar to obtaining city certificate 327 158 

Regulations 92 50 

CONTRACTS : 

Construction of, appeal taken to courts 385 181 

Directors may not make with themselves 169n 85 

may not have pecuniary interest in 169 85 

Payment on, may be stopped, when 169 85 

Required in first class districts for expenditures over $300... 189 91 

Teachers', annulment, recovery on, when 229n 111 

approval of 157n 74 

failure to hold certificate nullifies contract 225n 109 

breach of, appeal 384n 181 

COUNTY : 

County school district defined 97 52 

Tax must be levied, limit 283 131 

school census to be basis of 284 132 

COUNTY BOARD OF EDUCATION : 

Appointment, members 240 117 

Compensation and expenses 241 117 

hotel expenses 242n 117 

Grading of manuscripts 406 189 

Powers — 

course of study, to assist in preparation of 242(3) 117 

eligibility 241 117 

grading manuscripts in grammar school examinations.... 242(1) 117 

may adopt rules and regulations consistent with 242(4) 117 

textbooks for districts of second division, adoption of.... 242(2) 117 

Term of office 240 117 

Vacancies, how filled 240 117 

COUNTY ASSESSOR, alteration of boundaries, county auditor to 

certify to 152 72 

COUNTY AUDITOR : 

Alteration of boundaries, shall certify to. . . .' 152 72 

Annual report to county superintendent 238% 113 

Audit accounts of school districts 234 112 

County superintendent to file evidence of eligibility 156 74 

salary withheld, when 157(11) 75 

County treasurer to report amount for apportionment 239(2) 114 

Joint district, transcript of boundaries 136 66 

Report to bureau of inspection, when 238%n 113 

Shall correct boundaries, when 194n 96 

Signature of directors and clerks, filed with 173 86 

Tax levy for current state school fund 282 131 

Teachers, list of to be reported by county superintendent 157(10) 75 

Union high school district, notice of 144 70 

Warrants, shall countersign and register 235 113 

registration of 238 V2 113 

shall not register, when 236-238 113 



INDEX 



295 



COUNTY CIRCULATING LIBRARY — (see LIBRARIES). Sec. Page 

COUNTY COMMISSIONERS : 

Alteration of district boundaries, adjustment of property, etc. 115 58 

levies to be made 116 59 

Appeals taken to 385 181 

heard cle novo 388 182 

Bonds, tax levy for interest and sinking fund 294 138 

joint district, levy for bonds on 295 140 

tax levy mandatory 294n 139 

Circulating library, bills of 275 128 

tax levy for 274 128 

County scliool tax levy, made by 283 131 

County superintendent, bond of 154 73 

clerical assistance of 154 73 

forfeit from salary, when 368 174 

report of fines collected 369 175 

salary withheld, when 157 (11) 75 

shall provide office and supplies for 160 79 

shall report state of accounts of first class districts 189 91 

vacancies, how filled 154 73 

Deaf and blind youth, report of 76 43 

expenses, when borne by county 78 43 

Directors' meetings, expenses of 157(17) 77 

Districts — 

consolidated, tax levy to pay indebtedness 127 64 

correction of boundaries 157(12) 76 

extension of city limits, adjustment of property, etc 119 60 

first class, levy for permanent fire insurance fund 458 206 

joint districts, tax levies to pay indebtedness 139 68 

new, apportionment of funds to Ill 56 

adjustment of property, etc 112 57 

levies to be made for 113 58 

Estimate of expenditures, first class districts 194 96 

second class districts 203 IOC 

third class districts 219 105 

Feeble-minded, application to admit 80% (5) 45 

expenses, when borne by county 83% 46 

report of 82% 46 

Special tax levy in certain case 382 18C 

Tax levies cannot exceed one per cent., except 195n 97 

for county circulating library, limit 274 128 

in first class districts 194 96 

in second class districts 203 100 

in third class districts 219 105 

Validation of unextinguished indebtedness, levy for 310 147 

Visitors, ex-officio, of state college 26 24 

COUNTY SUPERINTENDENT : 

Administrative officer 2 9 

Annual convention of 5(8) 11 

expenses, to receive 5 (8) 11 

Annual report to state superintendent 157(11) 75 

penalty for failure 368 174 

required before salary can be paid, when 157(11) 75 

Appeals taken to 385 181 

Appointment of directors to fill vacancies, second class dis- 
tricts 198 98 

third class districts 210 103 



W6 



INDEX 



COUNTY SUPERINTENDENT — Continued : Sec. Page 

Apportionment, power and duty concerning 157(14) 76 

county funds, manner of 285 132 

county treasurer to report amount for 239(2) 114 

shall make to districts, when 253 120 

when teacher is not legally qualified 381 179 

withheld from district, when 255 121 

Bond required of 154 73 

Boundaries, modified and corrected, how 157(12) 76 

change of, in petitions 108n 55 

Certificates, fees for, credited to institute fund 313 150 

ibid 262 123 

registration of 321 152 

county superintendent may refuse to register 315 151 

special, granting of 334 160 

temporary, granting of 333 160 

Circulating library, may establish 273 128 

bills of, to certify 275 128 

books purchased by 278 129 

indebtedness, may not contract 276 128 

Clerical assistance, allowed when 154 73 

Clerks furnished with certificates 224 109 

Compulsory attendance, may excuse from 392 183 

failure to enforce, penalty 401 188 

notice concerning 400 187 

report from clerk 400 187 

Contracts, to approve teachers' 157n 74 

to register 321 152 

restrictions 315 151 

County board of education 240-2 117 

appointment of 240 117 

ex-ofHcio chairman 240 117 

Deaf or blind youth, report of 76 43 

atendance at state school 77 43 

Deputy, appointment, qualifications, duties 154 73 

Directory of officers, furnish to county treasurer 158 78 

Districts — 

alteration of boundaries, petition, notices, hearing 114 58 

adjustment of property, etc 115 58 

boundaries may be corrected, how 157(12) 76 

consolidated district, establishment of 121 61 

designation of, reported 125 63 

report when not entitled to bonus 123 62 

disorganization of, causes for, procedure 151 72 

extension of city limits 117 59 

adjustment of property, etc 118 QO 

hearing for adjustment of property, etc 119 60 

first class, shall examine records and accounts in 189 91 

joint, establishment of 129 64 

adjustment of property, etc 138 67 

boundaries, transfers, maps certified and filed 136 66 

certificate and oath, filing of 133 66 

vacancies, how filled 134 66 

directors, appointment of 132 65 

notices and hearing 131 65 

petition for 130 65 

reports, to whom made 140 68 

transfers of territory, how made 135 66 



INDEX 297 



COUNTY SUPERINTENDENT — Continued: Sec. Page 

Districts — 

new, petition for 108 55 

adjustment of property, etc 112 57 

apportionment of funds between districts Ill 56 

directors, appointment of 157(13) 76 

old officers serve, when 157(13) 76 

notices, hearing, establishment 109 55 

second class districts, oath of directors filed with 199 99 

vacancies in board, when declared, how filled 198 98 

size, requirements as to 154 74 

third class, apparatus and supplies, purchase approved by. 214 104 

directors, oath of office filed with 211 103 

vacancies, when declared, how filled 210 103 

plans for building, county superintendent to approve. 175 87 

union high school, formation of, initial procedure 141 68 

appeals from action of county superintendent 149 71 

desigtiation and notice of 142 69 

in case of withdrawal from district 150 72 

organization of, notice to county superintendent 144 70 

Election of 154 73 

Elections, school district, poll sheets filed 343 165 

certificate of, from first class districts 353 169 

may not set aside 344n 165 

Eligibility to hold office 155 74 

certificate, conditions regarding 157n 74 

shall file evidence 156 74 

Estimate of expenditure in second class districts, when to make 203 100 

in third class districts, when to make 219 105 

Expenses, traveling, to be paid 161 79 

Failure to deliver books to successor, penalty 373 177 

to report to state superintendent, penalty 368 174 

Feeble-minded, application to enter state institution 80% (5) 45 

county superintendent to approve 82, 86 45, 48 

to enforce attendance 83 46 

to make annual report of 82% 46 

Fines, supervise payment of, a special duty 369 175 

Grammar school examinations, appointment of assistant 

examiners 405 189 

report results to state superintendent 407 190 

Institutes, teachers', arranged when and how 256 122 

estimate of expenses, to make 263 123 

report of 264 124 

fund, fees paid into 262, 313 123, 150 

joint, arrangements for 257 122 

power to hold 157(16) 77 

time of, fixed by county superintendent 260 123 

Judge of printing and circulars required 160 79 

Moneys from sale of certain books, disposition of 157(19) 77 

Oath of office 154 73 

Office, when open 159 79 

notice on door of 159 79 

where kept 160 79 

Plans of buildings, to approve when 175 87 

Powers and duties enumerated 157 74 

administer oaths, when 157(9) 75 

annual report to state superintendent 157(11) 75 



298 INDEX 



COUNTY SUPERINTENDENT— Continued : Sec. 
Powers and duties — 

appoint officers, when 157(13) 76 

apportion school funds 157(14) 76 

books, documents, records, to turn over to successor 157(8) 75 

directors' meetings, to hold 157(17) 77 

distribute reports, laws, etc 157(3) 74 

enforce course of study 157(4) 75 

enforce law governing erection of buildings, when 157(20) 77 

enforce rules in examinations , 157(4) 75 

examinations of teachers, to conduct 157(15) 77 

execute instructions of state superintendent 157(3) 74 

furnish registers and clerks' record books 157(19) 77 

institutes or meetings, to hold teachers' 157(16) 77 

prepare course of study for third class districts, when. . . . 157(5) 75 

records of official acts, how to keep 157(7) 75 

of district boundaries 157(12) 76 

to be turned over to successor 157(8) 75 

reports of state and county superintendents, to keep 157(6) 75 

of school officers and teachers, to preserve 157(8) 75 

supervise schools and enforce laws 157(1) 74 

suspend teachers, when ^. . . 157 (18) 77 

teachers' contracts, to record 157 (10) 75 

temporary certificates, to grant 157(15) 77 

visit schools, etc 157(2) 74 

Reports, required, to be furnished 157n 74 

blind or deaf youth 76 43 

defective youth, feeble-minded 82% 46 

shall require 158 78 

Salary withheld, when 157(11) 75 

School census, shall certify to county auditor 284 132 

State superintendent to decide points of law for 5(14) 12 

Supplies, how paid 160 7& 

Teaching of hygiene and effects of alcohol 370 175 

failure to enforce, penalty 371 176 

Teachers' examinations, when and how held 322 153 

notice of 157(15) 77 

papers and reports of, to transmit 323 153 

Teachers must report to, except 226 110 

registers, to supervise 158 7S 

Term of office 154 73 

Textbooks, may handle, when 270 127 

Vacancies, how filled . 154 J3 

Woman may serve as 95 51 

COUNTY TREASURER : 

Annual report 239(3) 115 

Bonds, school district, advertisement for bids on 290 136 

delivery of 291 137 

incidental expenses, how paid 301 142 

interest must be paid 296 140 

issued for validation of indebtedness 307 146 

joint districts, receipts credited to 295 140 

not entitled to commission 239n 114 

notice to holders of bonds 300, 302 141-2 

purchase of 294 138 

redemption of 302 142 

registration of 290 136 

sinking fund, custodian of 294 138 



INDEX 



299 



COUNTY TREASURER— Continued : Sec. Page 

Clerk to report warrants drawn 223 (8) 108 

Current state school fund, receipts for, to report 282 131 

fines, etc., transferred to credit of 287 133 

Directory of school district officers, furnished with 158 78 

Districts, joint, officers of, to file signature 133 66 

funds to be transferred quarterly 137 67 

transcript of boundaries of 136 66 

new, transfer of funds to Ill 56 

union high school district, notice of 144 70 

Duties of, enumerated 239 114 

annual report 239(3) 115 

apportionment, to certify amount for 239(2) 114 

cancelled warrants, report of 239 (6) 116 

ex-offlcio treasurer of school districts 239 114 

forged warrant, not liable for, when 173n 86 

moneys, receive, hold and pay out 239(1) 114 

monthly reports to school districts 239(5) 115 

register warrants 239(4) 115 

remit moneys 239 (7) 116 

Examination fees, how credited 262 123 

- Moneys received from county superintendent, remittance.... 157(19) 77 

- Monthly statement to each district 239(5-6) 115 

Permanent insurance fund, may invest 459 206 

Shall pay office expenses of county superintendent 160 79 

Tuition, transfer of by district officers 166 84 

Warrants, cancelled, statement of 239(6) 116 

interest on, etc 239 (4) 115 

when liable for 239n 114 

refusal of payment of, when 239n 114 

registration of 238% 113 

book for 239(4) 115 

shall refuse to pay on notice, when 370 175 

to fix rate of interest on 450 204 

COURSES OF STUDY : 

County board of education, preparation by 242(3) 117 

County superintendent to enforce 157(4) 75 

shall prepare Course for third class districts 157(5) 75 

Directors to enforce 163 (2) 80 

Failure to enforce, penalty 374 177 

For primary, grammar and high schools, State Board to pre- 
pare 11(7) 17 

In districts of first division 268 126 

of second division 269 126 

In first class districts, board may prescribe, consistent with. 191(2) 92 

In state training school 69 41 

In union high schools 146 70 

Pupils in common schools shall pursue 93 51 

State manual to contain 5(17) 13 

State superintendent shall print and distribute 5(3) 11 

Subjects taught in common schools enumerated 89 49 

Teacher to enforce 228 111 

CURRENT STATE SCHOOL FUND — (see REVENUES, School). 

DANCING, not authorized in school room 163n 80 

DEAF— (see STATE SCHOOL FOR BLIND and STATE SCHOOL 
FOR DEAF). 

DEBTS — (see INDEBTEDNESS). 



300 



INDEX 



DEFECTIVE YOUTH — (see SCHOOLS FOR DEFECTIVE " Sec. ' Page 

YOUTH), clerk to list separately 223(3) 107 

DEPUTY SUPERINTENDENT OF PUBLIC INSTRUCTION : 

Appointed by state superintendent 6 13 

Certificate to be held by 6 13 

Inspector of schools 6 13 

Secretary of state board of education 9 14 

DIRECTORS, BOARD OF: I 

Administrative officers 2 9 

Adults, attendance of, when 166 84 

Annual income, indebtedness in excess of, forbidden 170 85 

Bonds, may issue, when 288 133 

sale of 291 137 

By-laws, may make 167 84 

Clerk's compensation, to fix, conditions 224 109 

Compensation forbidden, except 169 85 

Consolidated districts, board in 122, 124 62 

board in 128 64 

County superintendent to hold meetings of 157(17) 77 

Election of, at annual elections 162 79 

Eligibility to hold office of 162 79 

Fire drills, publication of law regarding 441 201 

Flag, United States, shall procure and display 164 83 

High school, not required when 163n 80 

Indebtedness contracted may not exceed annual income 170 85 

Joint districts, reports, to whom made 140 68 

appointment of board In 132 65 

vacancies, how filled 134 66 

Land, may condemn for site 174 86 

Levies for indebtedness In old districts 120 61 

Liability for failure to take contractor's bond 578 255 

for loss to district, when 373 177 

Oath of office, filing of 172 86 

Oaths, may administer, when 172 86 

Officers, failure to deliver books to successors, penalty 373 177 

Pecuniary interest forbidden 169 85 

contracts with themselves forbidden 169n 85 

Plans for building, approved by county superintendent, when. 175 87 

Powers and duties of, enumerated 163 80 

commencement, may not pay expenses of 163n 80 

contracts with teachers must be made, how 163(1) 80 

employ janitors, laborers, mechanics 163(3) 80 

director may not be employed as 163n 80 

may not employ minor children of director 163n 80 

teacher may act as, compensation 163n 80 

employment of relatives 163n 80 

enforce rules and course of study prescribed 163(2) 80 

exclude immoral and pernicious literature 163(9) 81 

exclude pupils under six years of age 163(6) 80 

children of six, except at commencement of term 163n 80 

pupils, may suspend or expel, when 163(6) 80 

purchase of supplies from Instructor 163n 80 

from director 163n 80 

purchase personal property and receive real property 163(5) 80 

require pupils to be furnished with books 163(8) 81 

schoolhouses, may rent, repair and insure 163(3) 80 

to be heated, etc., and premises kept sanitary 163(4) 80 



INDEX 301 



DIRECTORS, BOARDS OF — Continued : Sec. Page 
Powers and duties — • 

school room, use of 163(10) 81 

may not be used for dancing 163n 80 

teachers, may employ or discharge, etc 163(1) 80 

contract made with 163(1) 80 

elected at regular or special meeting 229 111 

regularity of meeting 163n 80 

hiring presumes adjourned meeting 163n 80 

relationship no bar 163n 80 

salaries, may fix 163(1) 80 

textbooks and supplies, when provided 163(7) 80 

transportation of children, may provide 163(11) 81 

cannot build bridge 163n 80 ■ 

cannot discriminate 163n 80 

cannot transport to or from another district 163n 80 

Property, powers over 105 53 

conveyances of property, how made 168 84 

shall have custody of 168 84 

Records, etc., must be delivered to successors 171 86 

Reports required by county superintendent 158 78 

Right of way, to convey 345n 166 

School day, length of, may be iixed 90 50 

School law, shall receive copies of , 5(6) 11 

School may not be maintained, when , 16on 80 

Secret societies, may make rules against 93n 51 

Signatures must be filed with county auditor 173 86 

Site— (see SITES). 

Special meeting, called when 345 166 

must carry out instructions of 347 f67 

Teachers, contracts must be drawn with 229 111 

salary withheld, when 374 177 

warrants not paid, when 226-7 110 

Textbooks, cannot purchase and sell to pupils 269n 126 

Traveling expenses not allowed 163n 80 

Tuition, may charge, when 166 84 

Tuition, transfer of money for 166 84 

Union high school district, petition to form 141 68 

board constituted, how 143 69 

grades taught and course of study 146 70 

powers 147 71 

Vacancy to be declared, when 344 165 

Validation of indebtedness, procedure 304ff 144 

Women may serve on 95 51 

First Class — 

Absence from meetings, to vacate office 188 91 

Auditing committee 189 91 

Bids, shall advertise for, when 190 91 

readvertisement not required, when 190n 91 

Buildings, erection of, limitation 194 96 

County superintendent to examine records and accounts.... 189 91 

Defective youth, schools for, may establish 191 (4) 92 

Election of 176 87 

Elections 348fE 167 

registration for , 354flC 169 

regular, when held , 177 88 

duties concerning 348, 353 167, 169 

voting precincts, to provide .,,...,. 360 171 



302 INDEX 



DIRECTORS, BOARDS OF — Continued : Sec. 
First Class — • 

Elections of officers, etc., to be by roll call 179 88 

Estimate of expenditures, shall make 194 96 

contents of statement 435 199 

penalty for violation 438 200 

public hearing 437 200 

publication of 486 199 

time of 435 199 

Industrial schools, may establish 191(4) 92 

Insurance fund, may create 457-8 206 

Kindergartens, may establish 191(4) 92 

free, power to establish 411 191 

Meetings, regular and special 184 90 

may compel attendance of members 188 91 

shall be public, except 184 90 

Moneys paid out, how 186 90 

Night schools, may establish 191 (4) 92 

Number of members 176 87 

Oath of office, filing of 178 88 

Office of 185 90 

Organization 178 88 

Parental schools, establishment , 527-8 236 

superintendent employed 529 236 

rules for 534 238 

President, election of 178 88 

duties of 180 89 

signing of bonds. 289, 307 134, 146 

signing of warrants 186 90 

Powers, adopt and enforce rules and regulations 191(4) 92 

architects, attorneys etc., may employ 191(6) 93 

bond of employes, may require 191 (12) 94 

by-laws, may make 191 (3) 92 

city superintendent, may employ 191(1) 92 

employ assistant city superintendents 191(7) 93 

course of study, may prescribe 191 (2) 92 

establish night, high, kindergarten, industrial schools, etc. 191(4) 92 

fix length of term and time for dismissal 191(5) 93 

maintain shop and repair department 191(9) 93 

medical inspector, appoint 191 (14) 94 

prohibit secret fraternities 191(13) 94 

summer school, may not conduct 191n 92 

supervisors, may employ 191 (8) 93 

teachers and janitors, may employ 191(5) 93 

textbooks, free, and supplies, may provide, when 191(10) 93 

vaccination, may require or provide for 191(11) 93 

Property, may sell, When , 193 95 

Quorum 188 91 

Records open to inspection 185 90 

Registration of voters 356 170 

Repair department 189 91 

School census, shall cause to be taken 192 94 

Secretary, election of 178 88 

Sites, purchase of, limitation 194 96 

Tax levy, how made 194 96 

Term of office 178 88 

Vacancies, how filled 187 90 

Validation of and payment of indebtedness of district merged 

with first class district 310 147 



INDEX 303 



DIRECTORS, BOARDS OF — Continued : Sec. Page 

First Class — 

Vice-president, duties of 181 89 

Voting precincts provided 360 171 

Warrants, issuance of 186 90 

Wlien second or third class district becomes first class district 176 87 

validation of outstanding indebtedness 310 147 

Second Class — 

Clerk, election and removal 200 99 

Communal assembly place, may erect , 461 207 

Election 196, 197 98 

Estimate of expenditures, shall make 203 100 

contents of statement 435 199 

failure to make 203 100 

penalty for violation 438 200 

public hearing 437 200 

publication of 436 199 

time of 435 199 

Kindergartens, power to establish 411 191 

Meetings, regular and special 201 99 

Minimum term sis months 207 102 

Number 196 98 

Oath of oflice 199 99 

Organization 200 99 

change In, clerk to notify 222 106 

School houses, construction or removal, vote necessary 204 101 

Sites, purchase or change of, vote necessary 204 101 

Superintendent or principal, election of 206 102 

Supplies and apparatus, to provide 202 100 

Tax levy, how made 203 lOO 

Teachers' cottages, may erect 460 207 

Teachers, when to be employed 205 101 

Term of office 196 98 

Vacancies, when declared, how filled 198 98 

county superintendent to fill 157(13) 76 

how caused 157(13) 76 

Wider use of school property for community purposes 460 207 

Third Class — 

Clerk, election and removal 212 103 

Communal assembly place, may erect 461 207 

Election of 208 102 

Elections, regular, when held 209 102 

Estimate of expenditures, shall make 219 105 

failure to make 219 105 

Grades established, how 215 104 

Meetings, regular and special 213 103 

Number 208 102 

Oath of office, etc 211 103 

Organization of board 212 103 

change in, clerk to notify 222 106 

Plans for building, approval required 221 106 

apportionment withheld, when 255 121 

Principal, chosen when, power 215 104 

School houses and sites, vote on required 220 106 

Superintendent elected, when, power 216 104 

Supplies and apparatus, etc., to furnish 214 104 

Tax levy, how made 219 105 

Teachers' cottages, may erect , 460 207 



304 INDEX 



DIRECTORS, BOARDS OP — Continued : ' Sec. Page 
Third Class — 

Teachers, elected when 218 105 

Term of office 208 102 

Vacancies, how filled 157 (13) 76 

when declared, how filled 210 103 

Wider use of school property for community purposes 460 207 

DISTRICT OFFICERS — (see DIRECTORS, BOARD OF; also 
CLERKS, SCHOOL DISTRICT). 

DISTRICTS : 

Alteration of boundaries, requisites of petition 114 58 

adjustment of property, etc 115 58 

county auditor to certify action Involving 152 72 

tax levies to pay indebtedness 116 59 

Annexation to city district by extension of limits 117 59 

Are municipal corporations 104n 53 

Attendance of children in other 166 84 

Attorney for 456 205 

Bonds issued, not to affect, when 106 54 

Boundaries may be corrected^ how 157(12) 76 

Cities, incorporated, each to constitute one 106 54 

boundaries, extension or change, effect 106 54 

employing more than one hundred teachers, may hold 

teachers' institute 259 122 

certification, powers of 326 157 

extension of limits of 117 59 

Classification 98,99, 100 52 

Consolidated districts, defined 101 53 

appeal halts formation of 121n 61 

apportionment, to what entitled 126 63 

bond issue, when invalid 127n 64 

bonus, when not entitled to 123 62 

city districts, directors when consolidated 124 62 

clerk, election of 128 64 

corporate existence of component districts, retained, when 127 64 

designation of, number and boundaries of 125 63 

directors, board constituted, how 122, 124 62 

organization of board 128 64 

establishment 121 61 

petition, requisites for 121 61 

property of former districts belongs to 126 63 

territory may not lie in two counties 121n 61 

Corporate powers 105 53 

County auditor to audit accounts 234 112 

County district defined 97 52 

Debts, liability for 165 84 

Designation 104 53 

Disorganization, causes for 151 72 

how effected 151 72 

Divisions, classification by 265 124 

Eminent domain, applies to land of 445 202 

assessment of benefits and payment 446 203 

Extension of city limits 117 59 

adjustment of property, etc 118 60 

hearing, procedure 119 60 

corporate existence of old districts continued, when 120 61 



INDEX 



305 



DISTRICTS — Continued : Sec. Page 

First class- 
county treasurer may invest fund 459 206 

definition of . 98 52 

minimum term to be eiglit months 191(5) 93 

permanent fire insurance fund 457 206 

power to create 457 206 

tax levy for 458 206 

registration of voters living outside city limits 354-366 169-174 

tax levy, maximum in one year 195 97 

Pour sections minimum size, except 153 73 

Head of family defined 108n 55 

Joint districts — 

adjustment of property, etc 138 67 

appeal may not be taken 389n 182 

apportionment, bow made 137 67 

bonds, issuance by 293 138 

registration of 290 136 

boundaries, transcript kept and certified 136 66 

county superintendents have exclusive jurisdiction 138n 67 

defined 102 53 

directors, appointment till election 132 65 

certificate of election and oath, filing of 133 66 

vacancies, bow filled 134 66 

formation and designation 129 64 

■ funds, transfer of 137 67 

map, contents and filing 136 66 

notices and hearing 131 65 

petition for 130 65 

reports, to whom made 140 68 

tax levies to pay indebtedness 139 68 

transfers of territory, effected how 135 66 

certified, how 136 66 

Judgments for debts, liability for 165 84 

New districts — 

adjustment of property, etc 112 57 

appeal to county commissioners 112 57 

appeal, when disallowed 109n 55 

apportionment of funds between old district and new.... Ill 56 

boundaries, modified and corrected, how 108n 55 

conditions to be performed by 110 56 

directors, election of, at first annual election 208 102 

old officers serve, when 157(13) 76 

entitled to apportionment, when 382 180 

failure to form, appeal 385n 181 

funds, basis of division of llln 56 

minimum size of 153 73 

notices, hearing, establishment 109 55 

one month of school required for share in funds 110 56 

petition for, requisites 108 55 

tax levies to be made 113 58 

Officers, penalty for failure to perform, when 401 188 

Property, power of board over 105 58 

conveyances and custody of, title to. ... 168 84 

held under contract, taxation of 477 212 

Powers of 105 53 

"'School Districts" defined 104 53 



306 



INDEX 



DISTRICTS — Continued : Sec. Page 

School lands, purchased for sites 107 54 

School term, minimum length of 94 51 

Second class — 

definition of 99 52 

directors, vacancies, how filled 157(13) 76 

Service of process, how 163n 80 

Sites purchased of school lands 107 54 

taking private property for, authority for 415 192 

petition to court 416 193 

proceedings 417fE 198 

Size, minimum, what is 153 73 

Textbooks, failure to use adopted, penalty 381 179 

Third class — - 

county auditor, powers of 233-2381/2 112-4 

county superintendent to approve plans, power 157(20) 77 

to outline course for 157(5) 75 

definition of 100 52 

directors, vacancies, how filled 157(13) 76 

Union high school — 

appeals from action of county superintendent 149 71 

apportionment, how made 148 71 

clerk, election of 143 69 

course of study 146 70 

defined 103 53 

directors, board constituted, how 143 69 

not reorganized by enlargement of district 145 70 

districts must be contiguous 103 58 

cannot lie in two counties 141n 68 

enlargement, how made 145 70 

formation of, initial procedure 141 68 

elections to determine 142 69 

grades taught, not below seventh 146 70 

organization of district 144 70 

withdrawals from, how 150 72 

adjustment of liabilities and assets 150 72 

Warrants, issuance to teacher not legally qualified, penalty. . 381 179 

DISTURBING SCHOOL MEETING, penalty 378 178 

ELIGIBILITY : 

Of assistant superintendent of public instruction 6 13 

Of county superintendent 155 74 

certificate, conditions regarding 157n 74 

evidence of, to be filed 153 74 

Of deputy superintendent of public instruction 6 13 

Of members of county board of education 241 117 

Of members of state board of education 7 14 

Of oflicers of elections in first class districts 350 168 

Of school district directors 162 79 

Of superintendent of state school for blind and state school 

for deaf 74 42 

Of teachers, questions of relationship 163n 80 

Of voters at elections 342 163 

in first class districts 351 16S 

Women eligible to hold offices 95 51 



INDEX 



307 



ELECTIONS : Sec. Page 

Annual, in first class districts 177 88 

in new districts 208 102 

in second class districts 197 98 

in third class districts 209 102 

Bond elections, how held, etc 289 134 

Clerk to give notice of 223 (6) 108 

to present record book for inspection at 223(2) 107 

First Class Districts — 

ballots, form 349 168 

candidates file petitions 349 168 

canvass of returns 353 169 

certificate of elections 353 169 

challenges, how taken 365 173 

for erection of buildings and purchase of sites, when 194 96 

notices of, contents 348 167 

publication and posting 348 167 

of directors 176 87 

to fill vacancies, ballot of 176 87 

ihid 187 90 

officers of, qualifications 350 168 

polls, opening and closing 349 168 

qualifications of voters 351 168 

those living outside city limits 354 169 

registration, books furnished by city clerk 352 168 

books delivered to clerks 366 174 

law applies to 351 168 

of voters living outside city limits 354-366 169-174 

regular 177 88 

required for free textbooks in 191(10) 93 

sale of property, when submitted 193 95 

tax levy in excess of one per cent., authorization of 195 97 

voting places 350 168 

voting precincts provided 360 171 

when held 348 167 

General — 

annual, when and where held 338 161 

ballot, form and reception of 341 163 

not to invalidate bond election 341n 163 

counting of 343 164 

board, organization of 340 163 

canvass of returns 338 16] 

certificate of election, issuance and filing 344 165 

challenges, how taken 342 163 

clerk of 340 163 

illegal voting, how punished 342 163 

judges of 340 163 

oath, duties 340 163 

notices of, posting 339 162 

poll-sheets, sent to county superintendent 343 164 

polls, open when 339 162 

closing, proclamation of 343 164 

error does not invalidate, when 339n 162 

opening, proclamation of 340 163 

qualifications of voters 342 163 

registration not required, except 342 163 



308 INDEX 



ELECTIONS — Continued : ' Bee. Page 
General — 

tie, how decided 344 165 

failure to decide 344 165 

Indebtedness in excess of income must be authorized by 170 85 

Second Class — 

regular 197 98 

selection of sites and building of school houses 204 101 

tax levy in excess of one per cent., authorization of 203 100 

Special — 

called and conducted, how 338 161 

clerk to give notice of 223(6) 108 

tax levy over one per cent, in second class districts, vote 203 100 

in third class districts 219 105 

union high school district, withdrawal from 150 72 

Third Class Districts^ 

regular 209 102 

school houses and sites, questions of, vote 220 106 

tax levy in excess of one per cent., authorization of 219 105 

Union high school district — 

formation of 142 69 

withdrawal from 150 72 

Validation of indebtedness 306 145 

EMINENT DOMAIN : 

Applies to school district lands 445 202 

Assessment and payment of benefits 446 203 

Condemnation proceedings — (see SITES) 

Directors may use right of 174n 87 

ESTIMATES OP EXPENSES : 

Hearing 437 200 

Penalty for violation 438 200 

Publication 436 199 

Required 435 199 

ENGLISH LANGUAGE : 

Common schools, must be taught in 89 49 

Directors must be able to read and write 162 79 

EXAMINATIONS, GRAMMAR SCHOOL : 

Assistant examiners, appointment 405 189 

Certificate to admit holder to high school 404 189 

Disclosing questions, penalty 367 174 

Manuscripts, graded, how 405 18& 

transmitted to county superintendent 405 189 

Questions and rules for, determined by state board 11(10) 17 

prepared and forwarded, how 404, 406 189 

When held 404 189 

EXAMINATIONS, HIGH SCHOOL EXTENSION : 

Certificate to entitle holder to enter university 410 191 

Questions prepared and distributed 409 191 

State board to outline course 408 190- 

When held, conditions 408 190 



INDEX 3Q9 



8ec. Page 

EXAMINATIONS, attendance of pupils excused from, counted.. 379 179 

EXAMINATIONS, TEACHERS' : 

Cities employing one liundred teachers 326fC 157 

County superintendent to conduct 157(15) 77 

Credits of ninety per cent., value of 316 151 

does not apply to elementary normal school certificates.. 316n 151 

obtained in other states 319 152 

Disclosing questions, penalty 367 174 

Fees, credited to institute fund 262 123 

For common school certificates 325 154 

May be taken piece-meal 316 151 

Notice of 157(15) 77 

Optional subjects 318 152 

Papers and reports, transmitted and filed 323 153 

Questions, uniform, prepared by state board 11(8) 17 

printed and distributed by state superintendent 5(3) 11 

Rules for, determined by state board 11(8) 17 

county superintendent to enforce 157(4) 75 

Standings in, to appear on certificate 320 152 

State manual, examination, required 11(4) 15 

Where and when held 322 153 

EXPERIMENTAL STATION— (see STATE COLLEGE OF WASH- 
INGTON.) 

EXPULSION : 

From common school, for disobedience 93 51 

Public school pupils, liable to commitment for 65 40 

FINES : 

Accrue to current state school fund 287 133 

Failure to pay over, penalty 369 175 

For violation of compulsory school law, disposition 402 188 

FIRE DRILLS : 

Colleges and universities excepted 442 201 

Held, how often 439 200 

Penalty for neglect 440 201 

Publication of law regarding 441 201 

FIRE, PROTECTION FROM — (see FIRE DRILLS.) 

County superintendent to judge specifications of buildings in 

third class districts 221 106 

Doors of school buildings to swing outward 464 208 

FIRST CLASS DISTRICTS— (see DISTRICTS: First Class.) 

FLAG, every school shall display 164 83 

FORMATION OF NEW DISTRICT— (see DISTRICTS, New 
Districts.) 

FORMS FOR USE OF SCHOOL OFFICERS AND TEACHERS 269flf 

FRATERNITIES- (see SECRET SOCIETIES). 
FUNDS— (see REVENUES, SCHOOL.) 

FURNITURE, fund for 291 137 

GENERAL SCHOOL FUND— (see REVENUES, SCHOOL), how 

constituted 286 132 

GLOBES— (see SUPPLIES.) 
GOVERNOR : 

Member of state board of finance 547 242 

investment of permanent school fund in state bonds 551-4 244-5 

State board of education, appointment of members 7 14 

vacancies, to fill 448 203 



3X0 INDEX 



GOVERNOR — Continued : • Sec. Page 

State college, regents, appointment of 29 26 

advisory member of 42 31 

report of 39 30 

treasurer's bond to be approved 30 27 

visitor of, ex officio 26 24 

State normal schools, trustees, appointment of 47-8 33 

report of 61 38 

State school for girls, appointment of commission 504 228 

approval of appointments 505 229 

To appoint commission to study tax for higher institutions. . 454 205 

University of Washington, regents, appointed by 16 19 

report of 18(6) 21 

GRADES— (see EXAMINATIONS, TEACHERS'). 

GRAMMAR SCHOOL EXAMINATIONS— (see EXAMINATIONS, 
GRAMMAR SCHOOL.) 

GRAMMAR SCHOOLS : 

Course of study for, prepared by state board 11(7) 17 

Included in common schools 1 9 

GUARDIANS — (set PARENTS OR GUARDIANS.) 

GYMNASIUM, land for, may be acquired 174n 86 

HEAD OF A FAMILY, definition of lOSn 55 

HEALTH — (see HYGIENE; MEDICAL INSPECTION; SANITA- 
TION; VACCINATION.) 

HEATING— (see VENTILATION.) 

HIGH SCHOOLS : 

Accredited by state board 11(5) 16 

Attendance, how counted for apportionment 249 120 

Bonus to, conditions 252 120 

Certificate from grammar school examinations to admit to.. 404 189 

Course of study prepared by state board 11(7) 17 

Districts with four-year accredited high school, in first 

division 265 124 

Extension examinations 408-410 190-1 

Included in common school system 1 9 

Inspection of 8 14 

Not required where only one teacher is employed 163n 80 

Secret societies, rules against 93n 51 

Students of, admitted to state college 25 23 

admitted to university 15 18 

Tuition to be free, when 249 120 

Union high school — (see DISTRICTS: Union high school.) 

HOLIDAYS : 

Registration books closed on 357 170 

Teachers not required to teach on certain 230 111 

HYGIENE : 

Required to be taught 89 49 

Failure to provide for teaching of, penalty 370-1 175-6 

IMMORAL BOOKS, ETC., excluded from schools 163(9) 81 

INCORRIGIBLES, commitment to state training school...., 65 40 



INDEX 311 



INDEBTEDNESS : Sec. Page 

Adjustment of, in formation of new districts 112 57 

in alteration of boundaries 115 58 

in extension of city limits 119 60 

in formation of joint district 138 67 

Consolidated districts, payment of 127 64 

Directors may not exceed annual income, except 170 85 

Disorganization of district not to affect 151 72 

Excess over limit, cause for not maintaining school 163n 80 

Exchange of warrants for bonds 292 138 

Extension of city limits, payment of 120 61 

Funding outstanding, by bonds 288 133 

Joint districts, levies for 139 68 

Limitation of 288 133 

elections for increase 339n 162 

New district, tax levy to pay indebtedness 113 58 

School district liable for 165 84 

Special tax when district has not shared apportionments.... 382 180 

Validation of outstanding, authorized 303 143 

bond issue for 307-8 146 

election for, resolution of directors calling 304 144 

ballots, form of 306 145 

conducted, how 306 145 

exchange bonds for warrants, when 309 147 

notice of 305 144 

returns, canvass of 306 145 

voters, qualifications of 306 145 

of district that is merged with first class district 310 147 

paying of illegal school warrants, when allowed 310n 147 

unextinguished, certified to county commissioners 310 147 

levy to liquidate 310 147 

moneys collected, how applied 310 147 

vote required 304 144 

INDUSTRIAL SCHOOLS, establishment in districts of first class. 191(4) 92 

INSTITUTES, TEACHERS' : 

Attendance accredited for apportionment 261 123 

City, when held 259 123 

County superintendent empowered to hold 157(16) 77 

to arrange for 256 122 

Expenses of 263 123 

county superintendent lawful auditor of 263n 123 

report of 264 124 

Expenses of state superintendent, when paid by county 5n 13 

Faculty members can charge for lecturing at 264n 124 

Fund created 262 123 

fees paid into 313 150 

Joint, how arranged 257 122 

Principals of normal schools, may attend 53 35 

Teachers required to attend 258 122 

failure to attend, penalty 376 177 

pay not diminished 261 123 

Time fixed by county superintendent 260' 123 

Visiting days 256 122 

INSURANCE, authorized 163 (3) 80 

permanent fund for 457 208 



312 



INDEX 



INTEREST — (see BONDS ; WARRANTS.) Sec. Page 

Legal rate on school warrants, how regulated 449-450 204 

On bonds, levy for 294 138 

must be paid • • 296 140 

validation of indebtedness 307 146 

INTOXICATING LIQUORS— (see ALCOHOL.) 

INSPECTION, SCHOOL : 

Deputy state superintendent, an inspector of schools 6 13 

High school inspection by state superintendent 8 14 

Normal training departments inspected by state board 11(6) 16 

JANITOR : 

Contagious disease bars from school 92 50 

Director may not serve as 163n 80 

Employed by directors 168(3) 80 

minor children of, may not be employed 163n 80 

In first class districts, election of 191(5) 92 

by roll call l'?9 88 

Teacher may serve as, compensation 163n 80 

JOINT DISTRICTS— (see DISTRICTS.) 

JUDGMENT AGAINST SCHOOL DISTRICT. 165 84 

JUVENILE COURT LAW : 

Award and adoption of children 492 222 

Board of visitation 501 227 

Child shall not be detained in jail 494 224 

Commitment, support of child 491 221 

Court may change order 498 226 

Court proceedings may be private 493 223 

Dependent and delinquent children, who included 484 215 

Detention rooms provided 496 225 

Pees not allowable 499 226 

Judge of, may issue permits for children to labor 443 201 

Justice court cases transferred 495 225 

Liberal construction of act 497 226 

Penalty for delinquency of child 500 226 

Petition to take charge of living child 488 219 

Probation officers, duties 486 218 

expenses 487 219 

Records not public, destroyed when 493 223 

Repealing clause 502 227 

Superior court to be juvenile court 485 217 

Summons and notice of hearing 489 219 

publication of 490 220 

Terms to be used 485 217 

JUVENILES : 

Commitment to state training school 65 40 

to parental school 531-2 237 

to state school for girls 508 230 

Feeble-minded, commitment of 80% 45 

KINDERGARTENS : 

Establishment in first class districts 191(4) 92 

Free, in districts of first and second class 411 191 

ages of children 411 191 

cost paid from general fund 413 192 

courses and rules 411 191 

not included in apportionment 412 192 

power to establish 411 191 

public school system, part of 412 192 

teachers to hold what certificates 414 192 



INDEX 313 



Sec. Page 

LAND, directors may condemn for site 174 86 

LIBRARIES : 

County circulating, establishment 273 128 

bills certified 275 128 

books must be recommended 277 129 

purchased by county superintendent 278 129 

indebtedness may not be contracted 276 128 

tax levy for 274 128 

Immoral and pernicious books, etc., to be excluded 163(9) 81 

Injury to, penalty 380 179 

Second class districts, directors to provide 202 100 

State normal schools to provide 50 34 

Third class districts, directors to provide, approval 214 104 

Union high school, allowed in 147 71 

University, authorized in 478 213 

LIFE DIPLOMAS : 

Granted to graduates of accredited normal training depart- 
ments 11(6) 16 

State college life diploma 43 31 

State normal school life diploma 57 37 

Territorial and state not invalidated 311 149 

University life diploma 18(3) 20 

LIGHTING— (see VENTILATION.) 

MANUAL TRAINING, schools may be established in first class 

districts 191 (4) 92 

State institution for feeble-minded to carry on 87 48 

State normal schools to provide department of 54 36 

MAPS— (see SUPPLIES.) 

MEDICAL INSPECTION, directors to provide for, in first class 

districts 191 (14) 94 

MILITARY SCIENCE : 

In state college 28 25 

In university 15 18 

MINIMUM LENGTH OF SCHOOL TERM 94 51 

Eight months in first class districts 191(5) 93 

Failure to have, cause for disorganization 151 72 

Required for apportionment to new district 382 180 

iMd 255n 121 

Six months in second class districts 207 102 

Vote required to lengthen 345 166 

MODEL SCHOOL — (see STATE NORMAL SCHOOLS.) 

MONEYS : 

Arising from tax for higher institutions 453 205 

uses of 455 205 

County superintendent to turn over certain 157(17) 77 

County treasurer to transmit to state treasurer 239(7) 116 

Disorganization of district 151n 72 

Disposition, fees of state college 30n 27 

Fees for teachers' certificates credited to institute fund. . .262, 313 123,150 

Fines, etc., credited to current state school fund 287 133 

failure to pay over, penalty 369 175 

First class districts shall pay out, how 186 90 

For certified copies of papers 5(18) 13 

Insurance money, when used 163n 80 

Joint district, transfer of funds in 137 61 

New districts entitled to 110-111 56 

Tuition, transfer of, to county treasurer 166 84 



314 INDEX 



MORALITY : " Sec. 

Bible, stated reading of, prohibited 232n 112 

Evidence required for registering of certificate 315 151 

Immorality, cause for revoking certificate 335 160 

Lack of, bar to obtaining city certificate 327 158 

Must be taught 232 111 

MUSEUM, at university, authorized 465-8 209-210 

NEW DISTRICTS — (see DISTRICTS). 

NIGHT SCHOOLS : 

Attendance, how credited 251 120 

Directors in first class districts may establish 191(4) 92 

School room may be used for 163(10) 81 

NORMAL DIPLOMA: 

From state college 43 31 

From state normal schools 57 37 

From university 18(3) 20 

Valid in cities employing one hundred teachers 330 159 

NORMAL TRAINING DEPARTMENTS : 

Accrediting of 11(6) 16 

In private schools 11(2) 15 

Inspected by state board 11(6) 16 

OATHS : 

Administered in appeal cases 388 182 

County superintendent may administer when 81% 45 

Defined 571 252 

Definition of "false" 574 253 

Deposition, when complete 573 253 

District ofiicers may administer, when 172 86 

Irregularity in administering, no defense 572 252 

Of board of regents of state college 37 30 

Of board of regents of university 16 10 

Of challenged voters 342 163 

Of county superintendent 154 73 

Of district officers 172 86 

filed in office of county superintendent 158 78 

in second class districts 199 99 

Of election board 340 163 

Of members of textbook commission 266 124 

Of persons registering to vote 362 172 

secretary to administer 363 172 

State superintendent may administer. 5 (15) 12 

OFFICERS, PUBLIC : 

Asking or receiving a bribe, penalty 560 248 

False auditing and paying of claims, penalty 576 253 

False report, penalty 569 252 

Grafting, penalty 563 249 

Grant of official powers, penalty 565 251 

Injury to and misappropriation of record 568 251 

Injury to public record, penalty 567 251 

Intrusion into or refusal to surrender public office 566 251 

Interfering with, penalty 561 249 

Making false certificate, penalty 575 253 

Misconduct of, penalty 564 250 

Offering reward for appointment, penalty 562 249 

Penalty for bribery of 559 247 

Perjury, second degree, penalty 570 252 



INDEX gl5 



PARENTS OR GUARDIANS— (see JUVENILE COURT LAW; Sec. Page 
PARENTAL SCHOOL) : 

Abusing a teacher, penalty 377 178 

Compulsory attendance of children 392 183 

Deaf or blind children to attend state schools 77 43 

cost of support to be paid when 73 42 

penalty for neglect 79 44 

Feeble-minded, admission to state institution 80% 44 

allowed to visit homes, when 85 47 

cost of, borne by parents 86 48 

cost of support to be paid, when. 81 45 

entrance under tuition fee 85 % 47 

penalty for violation of law governing 87% 49 

shall be sent to state institution. 83 46 

Home not a private school 392 183 

School census, must report for 223(3) 107 

Penalty for child delinquency 500 226 

PARENTAL OR TRUANT SCHOOLS : 

Attendance, credited for apportionment 250 120 

Buildings, erection of 528 236 

Commitment, petition for 531 237 

notice and hearing 532 237 

Discharge 535 239 

Establishment of 527 236 

Incorrigibles sent to reformatory 537 ' 239 

Parents to provide clothing 533 238 

Parole 534 238 

violation of 536 239 

Religious services 530 237 

Rules and regulations 534 238 

Sites, purchase and location 528 ' 236 

Superintendent, etc., employment of 529 236 

report of 535 239 

PATRIOTISM, must be taught 232 112 

PECUNIARY INTEREST of directors in contract, forbidden 169 ; 85 

PERMANENT SCHOOL FUND — (see REVENUES, SCHOOL). 
PENALTIES: 

Deaf or blind youth, failure to obey law concerning 79 44 

Failure to attend board meetings in first class districts 188 91 

Feeble-minded, violation of law regarding 87% 49 

For abusing teacher 377 178 

For clerk's failure to make report 372 176 

For clerk's failure to report concerning compulsory attendance 400 188 
For crimes by and against public officers — (see OFFICERS, 
PUBLIC). 

For delinquency of child 500 226 

For disclosing questions 367 174 

For disturbing school meeting 378 178 

For employing children, when. . . 394 i . ' 185 

For employing disqualified teacher 373 ; 177 

For enticing girl away from state school, etc 511 231 

For failure of county superintendent to enforce teaching of hy- 
giene 371 I 176 

For failure of county superintendent to report 368 , 174 

For failure of new district to have one month's school 382 180 

For failure to attend an institute 376 178 

For failure to deliver books to successor ;..... 373 177 



31g INDEX 



PENALTIES — Continued : Sec. Page 

For failure to enforce course of study and rules 374 177 

For failure to have doors of school buildiugs swing outward. . 464 208 

For failure to hold fire drill 440 201 

For failure to pay over fines 369 175 

For failure to provide for teaching of hygiene 370 175 

For failure to use adopted textbooks 381 179 

For false report of presence of pupils 379 179 

For false swearing in registration 383 180 

For false swearing regarding challenge of voters 365 173 

For injuring school property 380 179 

For issuing warrants to teacher not legally qualified 381 179 

For maltreatment of pupil 375 177 

For revocation of certificate 336 161 

For sale of intoxicating liquors on or near university 476 212 

For sale of liquors near educational institutions 431 198 

For violation of act relating to publication of estimates 438 200 

For violation of child labor law 444 202 

For violation of compulsory attendance law 394 185 

failure of school officers to enforce 401 188 

For violating vivisection law 474 212 

Teacher's failure to keep register 227 110 

failure to make reports 226 110 

Trustees, state normal schools, pecuniary interest 62 39 

PLAYFIELD, directors may acquire by eminent domain 174n 87 

PRIMARY GRADES : 

Length of school day, in 90 50 

in first class districts 191(5) 93 

PRIMARY SCHOOLS, course of study prepared by state board. . 11(7) 17 

PRINCIPAL : 

Authority over teachers 15 260 

Compulsory attendance, report of truancy 397 187 

Course of study, to prepare, approval of 268 126 

False report of presence of pupils, penalty 379 179 

Fire drills required 439 200 

penalty for failure 440 201 

Report of 226 110 

Second class districts, election and power of 206 102 

Teachers report to 226 110 

Third class districts, election and power of 215 104 

report required from 217 104 

PRIVATE SCHOOLS : 

Annual report to state superintendent 5(10) 12 

Attendance, must report 248 119 

courses to parallel common schools 255n 121 

Children may attend 392 183 

County superintendent to approve 392n 183 

Fire drills required in 439 200 

penalty for failure 440 201 

Normal training departments accredited by state board 11(6) 16 

courses approved by state board 11(2) 15 

Secondary schools accredited by state board 11(5) 16 

Secret societies bar to accrediting 11(5) 16 

PROBATION OFFICER— (see JUVENILE COURT LAW). 

PROMOTIONS 268 126 

PROPERTY, SCHOOL DISTRICT— (see DISTRICTS). 



INDEX 317 



PROSECUTING ATTORNEY — (see ATTORNEYS. Sec. Page 

PUBLIC SCHOOLS : 

Administrative officers of 2 9 

Constitutional provision In 9 

Embraces wliat classes of schools 1 9 

Fire drills required in 439 200 

Free from sectarian influence ' 96 52 

Kindergarten, free, to be part of 412 192 

Law of 1909 a recodification 433 198 

repeal of conflicting laws 434 198 

Reading Bible in 232n 112 

State board of education shall unify 12 17 

State superintendent to have supervision over 5(1) 10 

PUBLISHERS : 

Shall deposit copies of books with state superintendent 269 127 

Shall furnish to county superintendent, when 270 127 

PUNISHMENT : 

Child may not be punished, when 231n 111 

Corporal, allowed par. 5 259 

Unjust, defined, penalty 375 177 

PUPILS : 

Absence and tardiness, excuses required par. 11 260 

Ages of, for admission to common schools 88 49 

barred unless six years old 163(6) 80 

may be barred when six 163n 80 

Contagious diseases bar from school 92 ,50 

Directors may suspend or expel, when 163(6) 80 

Directors to enforce rules governing 163(2) 80 

Disturbing school meeting, penalty applies, when 378n 178 

Expulsion for disobedience 93 51 

Injuring school property, penalty 380 179 

Maltreatment of pupil, penalty 375 177 

Rules of state board governing 260 

Secret societies, regulations against 93n 51 

may be prohibited 191(13) 94 

Shall pursue required course of study 93 51 

Submission to authority of teacher 93 51 

Suspension of, by teacher 231 111 

Teacher to grade 228n 111 

Textbooks, free, rules concerning 163(7) 80 

Textbooks, must provide 163(8) 81 

Transportation of 163(11) 81 

building bridge not allowed 163n 80 

no discrimination 163n 80 

not to or from another district 183n 80 

Vaccination of, in first class districts 191(11) 93 

QUALIFICATIONS— (see ELIGIBILITY). 

RECORDS : 

County superintendent to preserve 157 74 

Penalty for failure to deliver to successor 373 177 

State superintendent to preserve 5 10 

REFORM SCHOOL — (see STATE TRAINING SCHOOL). 

REGENTS, BOARD OF — (see STATE COLLEGE ; UNIVERSITY 
OF WASHINGTON). 



318 INDEX 



REGISTER, TEACHER'S : - Sec. Page 

Clerks to furnish teachers with 223(7) 108 

County superintendent shall inspect 158 78 

Teachers must keep 227 110 

REGISTRATION : 

Bond election, does not apply to 289n 134 

In first class districts, required in 351 168 

Of voters living outside city in first class district 354 169 

books for 356 170 

books opened, when and where 357 170 

at convenient places, when 358 170 

contents of 361 171 

delivered to election clerks 366 174 

by voting precinct 360 171 

challenges, how taken 365 173 

expenses for 356 170 

false swearing, penalty 383 180 

manner of 361 171 

must appear in person 362 172 

oath 362 172 

secretary to administer 363 172 

qualifications required 359 170 

required only once in year 359 170 

secretary must register 355 169 

transfer of . 364 173 

RELIGION : 

Bible, stated reading of, prohibited 232n 112 

School room used for religious purposes 163(10) 81 

Schools free from sectarian infiuence 96 52 

Services in parental schools 530 237 

State college, non-sectarian 25 23 

University to be free from religious control 20 22 

REPAIRS, authorized 163 (3) 80 

department in first class districts 191(9) 93 

REPEAL OF LAWS CONFLICTING WITH RECODIFICATION 

OF 1909 434 198 

REPORTS : 

Clerk's annual report to county superintendent 223(4) 107 

failure to make, penalty 372 176 

County superintendent, annual report of 157(11) 75 

penalty for failure 368 174 

shall require reports of all officers and teachers 158 78 

County treasurer 239 (3) 115 

State superintendent, biennial report 5(2) 10 

REVENUES, SCHOOL: 

Bond redemption fund 294 138 

cannot be transferred to building fund 294n 138 

sinking fund 294 138 

Bonds, sale of, proceeds 288 133 

Building fund, created 291 137 

erection of buildings not "current expenses" 2S6n 132 

Building fund, used for building purposes 345n 166 

Common school fund, permanent and irreducible 279 129 

how invested 550-1 243-4 

interest applied to current state school fund 281 130 

loss to, a permanent debt to state 280 130 

sources of 279 129 



INDEX 319 



REVENUES, SCHOOL — Continued : Sec. Page 

County school tax, levy and limit 283 131 

based on school census 284 132 

how apportioned 285 132 

Current state school fund, constituted how 281 130 

apportionment of — (see APPORTIONMENTS) 

fines, forfeitures, etc., accrue to 287 133 

must be applied to current use of schools 281 130 

buildings and sites not "current use" 286n 133 

state auditor to certify amount of 282 131 

state tax levy, limit 281 130 

certified and collections reported 282 131 

Failure to pay over moneys, penalty 369 175 

Fines for violation of compulsory school law, disposition 402 188 

General school fund of school districts, how constituted 286 133 

buildings may not be paid for from 281n 130 

kindergartens may be supported from 413 192 

moneys from sale of bonds credited to 291 137 

New district, when entitled to funds 110, 111 56 

School district fund, created 286 132 

School district tax, authorized 286 132 

State tax levy, limit 281 130 

REVOCATION OF CERTIFICATES — (see CERTIFICATION) : 

Suspension of teacher, when 157(18) 77 

RULES : 

County board may adopt, consistent with 242(4) 117 

Directors to enforce 163(2) 80 

Failure to enforce, penalty 374 177 

Failure to obey, consequence 163 (6) 80 

For grammar school examinations 11 (10) 17 

For teachers' examinations 11 (8) 17 

Prescribed by state board for teachers and pupils 259 

State superintendent to print and distribute 5(3) 11 

Teacher to enforce 228 111 

Textbooks, free, rules concerning 163(7) 80 

SANITATION : 

Directors, duty regarding 163(4) 80 

Medical inspector to report on 191(14) 94 

SEAL: 

On bonds, when 307 146 

State board of education 13 18 

State superintendent of public instruction 5(18) 13 

SECOND CLASS DISTRICTS— (see DISTRICTS, Second Class.) 

SECRETARY— (see also CLERKS, SCHOOL DISTRICT) : 

Bond of 183 89 

County treasurer to make monthly statement to 239(5) 115 

Duties of 182 89 

Election and salary 178 88 

petition of candidates filed with 349 168 

registration books, how secured 352 168 

registration of voters outside city limits 355 169 

allowed in special cases 359 170 

books for, provided 356 169 

deliver to election clerks 366 174 

kept by voting precincts 360 171 



320 INDEX 



SECRETARY — Continued : " Sec. Page 
Election and salary — 

registration of voters — 

notice of closing books 357 170 

oath administered by 363 172 

to keep on file 362 172 

transfer of, how 364 173 

Removal of 178 88 

Report of, annual 183 89 

Shall take school census 192 94 

Warrants drawn and signed by 186 90 

SCHOOL CALENDAR, OFFICIAL 6 

SCHOOL CENSUS : 

Clerk shall take 223(3) 107 

County superintendent to certify 284 132 

Defective youth, separate list of 223(3) 107 

Indian children not included, when 223(3) 107 

In first class districts, how taken 192 94 

Kindergartens, free, not to affect 412 192 

Teacher to be furnished copy of 397 187 

SCHOOL DAY, LENGTH OF 90 50 

In first class districts 191(5) 93 

May be in one session 90n 50 

SCHOOL FOR DEFECTIVE YOUTH— (see STATE INSTITU- 
TION FOR FEEBLE-MINDED; STATE SCHOOL FOR 
BLIND AND STATE SCHOOL FOR DEAF) : 

Establishment in first class district 191(4) 92 

SCHOOL HOUSES— (see BUILDINGS). 

SCHOOL LANDS : 

Held under contract, taxation of 477 212 

Proceeds from, go to common school fund 279 129 

Sites, purchased from 107 54 

SCHOOL LAW : 

Printed and distributed by state superintendent 5(6) 11 

Questions on, decided by state superintendent 5(14) 12 

State manual to include excerpts from 5(17) 13 

SCHOOL MONTH, LENGTH OF 90 50 

SCHOOL REVENUES— (see REVENUES, SCHOOL). 

SCHOOL TERM : 

Minimum length of term 94 51 

excess of, special meeting to authorize 345 166 

in first class districts 191(5) 93 

in second class districts 207 102 

SCHOOL YEAR: 

Begins and ends, when 91 50 

Defined as nine months for certification 90 50 

Length of 91 50 

SECONDARY SCHOOLS— (see HIGH SCHOOLS). 

SECRET SOCIETIES : 

Bar to accrediting of private academies 11(5) 16 

Directors may enforce rules against 93n 51 

may prohibit in first class districts 191(13) 94 

SINKING FUND— (see REVENUES, SCHOOL) : 

Not to be divided llln 56 



INDEX g2i 



SITES : Sec. Page 

Bonds may be issued to purchase 288 133 

Building fund used for 291 139 

Director may not sell to district 169n 85 

Directors may condemn land for 174 86 

First class districts, directors may purchase 194 96 

Fund for 291 137 

May not be purchased from general fund 286n 132 

Purchase of one after sale of another, vote 345n 166 

Purchase or sale of, special meeting to authorize 345 166 

School lands purchased for 107 54 

Second class districts, vote necessary 204 101 

Taking private property for, authority 415 192 

adjournment of proceedings 418 194 

appeal to supreme court, limitation 427 196 

not to stop taking possession 428 197 

clerk of court not to charge fees 429 197 

compensation when jury is waived 424 195 

costs paid by district 426 196 

entry of judgment and decree of appropriation 425 196 

findings of court 419 194 

jury, selection of 420 194 

instructions to 422 195 

shall fix compensation 422 195 

verdict of 423 195 

notice of petition 417 193 

petition to court 416 193 

plaintiff and defendants 429 197 

superior court to preside 421 195 

value not limited to land value 422n 195 

Third class districts, vote required 220 106 

SPECIAL MEETINGS — (see also ELECTIONS) : 

Called when 345 166 

Conducted how 346 166 

Directors must carry out instructions of 347 167 

How, when and where held 346 166 

Notice of contents 346 166 

Officers of 346 166 

Purposes of holding 345 166 

Record of proceedings, filing 346 166 

STATE AUDITOR : 

Member of state board of finance 547 242 

investment of permanent school funds in state bonds 551-4 244-5 

Power to compel production of books 238%n 113 

Shall certify amount in current state school fund 282 131 

State college funds, duties regarding 546 242 

Warrants for state training school issued by 519 233 

for claims against state college 46 32 

STATE BOARD OF CONTROL: 

State school for blind and state school for deaf — 

admission of pupils 73 42 

appointment of superintendent 74 42 

one for each school 79% 44 

direction of 70 41 

number of employes in 74 42 

report from county superintendents 76 43 

—11 



322 INDEX 



STATE BOARD OF CONTROL — Continued : . Sec. 
State institution for feeble-minded — 

admission of non-residents 81 45 

under tuition fee, wlien 85 1/^ 47 

direction of 80 44 

form of application for admission SIV^ 45 

report of feeble-minded 82 1^ 46 

State school for girls, management, etc 505fE 229 

State training school — 

appointment of superintendent 67 40 

iMd 520 234 

investigations 523 235 

management 66 40 

STATE BOARD OP EDUCATION : 

Accrediting of higher institutions 11(3) 15 

of state life certificates and life diplomas 11(4) 16 

Administration of public school system intrusted to 2 9 

Appeals, heard and decided 11(11) 17 

in cases of revocation of certificates 337 161 

Books for, furnished by state superintendent 8 14 

Certified copies of proceedings 14 

Compensation, when 10 14 

Courses of study for common schools, to prepare 11(7) 17 

for state normal schools 57 37 

Expenses to be paid 10 14 

Grammar school examinations, questions 11(10) 17 

High school extension, to outline course for 408 190 

to furnish questions for 409 191 

High school inspection directed by state superintendent 8 14 

Inspection of normal training departments 11(6) 16 

Meetings, annual and special 10 14 

Members of, appointment 7 14 

Optional subjects for examinations 318 152 

Powers and duties, enumerated 11 15 

accredit secondary schools 11 (5) 16 

accredited list of higher institutions 11(3) 15 

accrediting of state life certificates 11(4) 16 

appeals, hear and decide 11(11) 17 

courses in normal schools and departments of education, 

approval 11(2) 15 

courses of study for common schools, to prepare 11(7) 17 

entrance requirements for higher institutions, approval... 11(1) 15 

inspect and accredit normal training departments 11(6) 16 

questions and rules for grammar school examinations 11(10) 17 

questions and rules for teachers' examinations 11(8) 17 

prepare answers . 11(9) 17 

rules for common schools, prescribe 11(7) 17 

President of 8 14 

Proceedings of, how and where kept 9 14 

Public school system unified 12 17 

Records kept in state superintendent's ofiQce 5(13) 12 

Rules and regulations for government of pupils, listed 260 

for government of teachers, listed ... 259 

Rules for accepting credits from other states 319 152 

Seal 13 18 

Secretary of, deputy state superintendent 9 14 

State manual, contents determined by 5(17) 13 

State normal schools, admission to and graduation from 57 37 



INDEX 323 



STATE BOARD OF EDUCATION — Continued : Sec. Page 

State superintendent ex-offtcio president 5(7) 11 

Supervise education in state school for girls 513 232 

Teachers' examinations, questions and answers 11(8-9) 17 

optional subjects allowed 325 155 

Term of office 7 14 

Vacancies, how filled 448 203 

Woman may serve as member of 95 51 

STATE BOARD OP FINANCE : 

Chairman, rules 549 243 

Constituted, how 547 242 

Investment of educational funds in bonds 550 243 

of permanent school fund in state bonds 551 244 

bonds, description of 552 245 

interest credited 555 246 

printing, signing 553 245 

proceeds ' 554 245 

redemption 556 246 

warrants are not bonds 550n 243 

Records, office 548 243 

STATE COLLEGE OF WASHINGTON : 

Agricultural college current fund 540 240 

payments into 541 240 

Aim and purpose of 25, 27 23-4 

Carnegie fund, application for authorized 447 203 

Common schools, not part of 88n 49 

Courses of instruction 27 24 

Degrees and diplomas granted 43 31 

Department of education, work required for diplomas 43 31 

courses approved by state board 11(2) 15 

Designation 25 23 

Diplomas issued, classified for certification 324(3) 154 

granting of 332 159 

revocation of 335 160 

appeals 337(3) 161 

Elementary science, department of 28 25 

Entrance, age limitation 27 25 

requirements, approved by state board 11(1) 15 

scholastic requirements 25 23 

who are entitled to 25 23 

Establishment 25 23 

Expenses to be paid by warrants 46 32 

Experimental station — 

benefits and donations to 34 28 

disposition of appropriation 581 257 

establishment of 28 25 

federal aid for, acceptance of 35 29 

acceptance of 580 257 

authority for 34 28 

land grant for 34 28 

regents may acquire land for 583 . 258.- 

western Washington, maintenance in 32 28 

located at Puyallup 582 257 

Farmers' institutes - 27 24 

Faculty, entrance requirements specified by 25 23 

recommendations for diplomas and degrees 43 31 

regents to fix salaries 33 28 



324 INDEX 



STATE COLLEGE OE WASHINGTON — CONTINDED : " Sec. Page 

Funds, disbursement of 40 30 

state treasurer to handle 546 242 

Government of 32 28 

Intoxicating liquor, sale prohibited near 430 197 

penalty for violation 431 198 

Lands of, proceeds go vrhere 541 240 

disposition vested in regents 544 241 

Location of 25 23 

Military tactics, training in 28 25 

Permanent funds, how invested 550 243 

President, ex-officio secretary of board of regents 30 27 

member of state board of education 7 14 

Public school system, part of 1 9 

Regents, board of — 

administrative officers 2 9 

appointment and term of office ._ 29 26 

architects and superintendents, may employ 45 32 

bond of 29 26 

buildings, erection of, authorized 44 32 

by-laws, enactment of 32 28 

contractor's bond for 44 32 

contracts for construction, not to be interested in 41 31 

courses of instruction provided by 28 25 

diplomas and degrees granted by 43 31 

employes of, to have no pecuniary interest 41 31 

expenses, allowance 38 30 

governor, ex-offtcio advisory member 42 31 

meetings 36 29 

oath 37 30 

organization of board 30 27 

powers and duties, enumerated 33 28 

president, election of 30 27 

duties of 31 28 

proceedings, record of 31 28 

quorum 36 29 

report to governor annually 39 30 

copy furnished state superintendent 39 30 

secretary, president of college is, ex-offlcio 30 27 

bond of 30 27 

duties of 31 28 

treasurer, election of 30 27 

Religion, non-sectarian 25 23 

Scientific school fund 545 242 

Subjects of instruction, enumerated 28 25 

Treasurer, election and bond 30 27 

disbursement of funds made by 40 30 

disposition of student fees 30n 27 

duties of 31 28 

Tuition fees fixed by regents 33 28 

Visitors, ex-offlcio, designated 26 24 

STATE INSTITUTION FOR FEEBLE-MINDED : 

Admission, children entitled to 80% 44 

application for , 80% 44 

approval of 82 45 

form of 811/2 45 



INDEX ggg 

STATE INSTITUTION FOR FEEBLE-MINDED — Continued : Sec. Page 
Admission — 

of adults 84% 47 

of non-residents 81 45 

under tuition fee 85 ^^ 47 

Adults, feeble-minded, when and how admitted 84 Mi 47 

Agricultural training to be given 87 48 

Application for admission — 

approved by county superintendent 82 45 

form of 81 Va 45 

made by whom 80 % 44 

Attendance required, when 83 46 

Buildings, to be fireproof 86 Va 48 

separated for sex and departments 86% 48 

Clothing, parent to provide, or state 86 48 

Common schools, not part of 88n 49 

County superintendent, shall approve application 82 45 

may make out applications 80% (5) 45 

shall enforce attendance 83 46 

shall report applications 82 45 

shall report defectives 82% 46 

County to bear expense, when 83% 46 

Course of study 87 48 

Detention of inmates 85 47 

Discharge of inmates 85 47 

Establishment 80 44 

Expenses of youth, when borne by county 83% 46 

Intoxicating liquors, sale prohibited near 430 197 

penalty for violation 431 198 

Location 80 44 

Manual training provided 87 48 

Patients may be held after majority 84 47 

Penalty for violation of law 87% 49 

Report of feeble minded 82% 46 

School department of 87 48 

State board of control to direct 80 44 

admission of children 81 45 

admission under tuition fee 85% 47 

form of application prescribed by 81% 45 

State school and colony 80n 44 

State to provide clothing, when 86 48 

Superintendent, power over inmates 85 47 

Tuition fee, admission under 85% 47 

STATE MANUAL : 

Act regarding fire drills, to be included 441 201 

Contents of 5(17) 13 

Examination in, required for common school certificate 325 154 

required of graduates of accredited institutions 11(3) 15 

required of holders of accredited certificates 11(4) 16 

Prepared by state superintendent 5(17) 13 

STATE NORMAL SCHOOLS : 

Bellingham normal school fund, created 452 204 

state tax levy for 454 205 

uses of 455 205 

Certificates and diplomas, contents and signatures 55 36 

age limitation 57 37 

classification of 324 (3) 153 

elementary normal school certificate 57 37 

not entitled to continue credits 316n 151 



326 INDEX 



STATE NORMAL SCHOOLS— Continded : . Sec. Page 
Certificates and diplomas — 
classification — 

granting of 332 159 

kinds of, validity 57 37 

life diploma 57 37 

normal school diploma 57 37 

secondary normal school certificate ■ 57 37 

practice teaching required 57 37 

Cheney normal school fund, created 452 204 

state tax levy for 454 205 

uses of 455 205 

Corporate title 47 33 

Courses of study prescribed by state board 57 37 

advanced course 57(3) 37 

for graduates 57(5) 37 

approved by state board 11(2) 15 

complete course 57(4) 37 

elementary course 57(1) 37 

secondary course 57(2) 37 

Ellensburg normal school fund, created 452 204 

state tax levy for 454 205 

uses of 455 205 

Entrance, rules for, prescribed by state board 57 37 

age limitation 59 38 

requirements for 59 38 

state board to approve 11(1) 15 

Establishment 47 33 

Expenses, warrants for 50 34 

Faculty, selection and removal 50 34 

vote on issuance of secondary certificates 57 37 

Intoxicating liquors, sale prohibited near 430 197 

penalty for violation 431 198 

Kindergarten department, certificates from 414 192 

Libraries to be provided 50 34 

Library deposit 58 38 

Locations 47 33 

Manual training department 54 36 

Model school 54 36 

estimate of pupils required for 469 210 

not part of common schools 54n 36 

pupils to be apportioned to 470 210 

report of attendance 471 210 

teaching, practice in 54 36 

required for certificate 57 37 

Normal school current fund 542 241 

payments into 543 241 

Not part of common schools 88n 49 

Permanent funds, how invested 550 243 

Principal, elected by trustees 50 34 

duties of 53 35 

annual report of 53 35 

attend county institutes, etc 53 35 

expenses of travel 53 35 

sign diplomas and certificates 55 36 

Principals, annual meeting of 60 38 

shall elect a member of state board 7 14 

Public school system, part of 1 9 



INDEX g27 



STATE NORMAL SCHOOLS — Continded : Sec. Page 

Students must furnish evidence of good moral cliaracter 56 36 

suspension of 56 36 

Teachers in, not required to have certificates 311n 149 

Textbooks, adoption of 50 34 

free, deposit for 58 38 

Trustees, board of — 

administrative officers 2 9 

appointment of 47-8 S3 

boarding houses, may maintain 51 35 

by-laws, authority to adopt 49 34 

insurance on buildings, may carry 50n 34 

meetings, regular and special 52 35 

organization, election of officers 49 34 

pecuniary interest in contracts forbidden 62 39 

penalty for violation 62 39 

pov^ers and duties, enumerated 50 34 

adopt textbooks .' 50 34 

audit accounts 50 34 

discharge teachers and employes 50 34 

elect principal, teachers and employes 50 34 

manage property 50 34 

purchase supplies 50 34 

quorum 49 34 

report to governor biennially 61 38 

terjn of office 48 33 

textbooks and supplies, to provide 58 3S 

Tuition to be free 56 36 

STATE SCHOOL FOR BLIND AND STATE SCHOOL FOR DEAF : 

Admission, who are eligible to 72 42 

age limitation 72 42 

pupils from other states 73 42 

Attendance at, requirement and exemption 77 43 

Common schools, not part of 88n 49 

County to bear expense, when 78 43 

Division of 79 % 44 

Establishment 70 41 

of separate schools 79% 44 

Expenses of youth, when borne by county 78 43 

Location 70 41 

Parents, duty of 77 43 

penalty for neglect of 79 44 

Penalty for failure to obey law 79 44 

Report of county superintendents 76 43 

of school district clerks 75 42 

State board of control to direct 70 41 

Superintendent, appointment, of, tenure 74 42 

for each school 79% 44 

qualifications 74 42 

report from county superintendents 76 43 

subordinates, appointment of 74 42 

Term of 71 41 

Transportation of deaf or blind 78 43 

Tuition to be free 72 42 

STATE SCHOOL FOR GIRLS : 

Age to be stated in commitment 509 229 

Appropriation 516 233 

Buildings, erection of 504 228 



328 



INDEX 



STATE SCHOOL FOR GIRLS — Continued : Sec. Page 

Commission, membership, duties 504 228 

Commitment, age limit 508 229 

cause for 508 230 

Court record of girl 509 230 

Discharge 508 230 

Educational work, supervised by state board of education.... 513 232 

Establishment 503 228 

Girls, mental and physical condition must be good 512 231 

may be apprenticed or receive wages 514 232 

transportation of 512 231 

Location 504 228 

Management vested in state board of control 505 229 

Parole, plan of 510 230 

conditional parole 511 231 

Penalties, enticing girl away 511 231 

entrance -upon grounds without permission 511 231 

Site, selection of 504 228 

State training school, girls transferred from 515 232 

Superintendent, appointment 505 229 

duties, enumerated 507 229 

husband may be appointee 505 229 

must be woman 505 229 

powers and duties 522 234 

to give bond 506 229 

Teachers must hold certificates 513' 232 

STATE TRAINING SCHOOL — (see STATE SCHOOL FOR 
GIRLS.) 

Accounts, audit and payment 519 233 

Aims and purpose of 518 233 

Branches to be taught 69 41 

ibid 525 235 

Commitment, age of 65 40 

causes for 65 40 

court to make order for 65 40 

Complaints against 523 235 

Course of study 69 41 

Designation 63 39 

Discharge, age of 65 40 

Establishment and title 517 233 

Girls transferred to state school for girls 515 232 

Intoxicating liquors, sale near, prohibited 430' 197 

penalty for violation 431 198 

Location 63 39 

Management of, under state board of control 66 40 

Public school system, part of 1 9 

see limitation 63n 89 

Purpose of 64 39 

Separation of sexes : 524 235 

State board of control to manage 66 40 

Superintendent, appointment and tenure 67 40 

appoints assistants and employes 68 41 

matron 520 234 

to give bond 521 234 

report of 526 235 



INDEX 329 

STATE TREASURER : Sec. Page 

Current state school fund, tax receipts for, disposition 282 131 

fines, etc., credited to 287 133 

Investment of educational funds in bonds 550 243 

Member of state board of finance 547 242 

chairman of 549 243 

Moneys received from sale of registers, etc 239(7) 116 

Scientific school fund 545 242 

Shall pay warrants for expenses of state board 10 14 

Shall receive money for copies of credited papers 5(18) 13 

State college funds, treasurer of 546 242 

STATISTICS, educational, kept by state superintendent 5(13) 12 

SUBJECTS, to be taught in common schools 89 49 

SUMMER SCHOOL : 

Accredited, attendance at, basis for new certificate 325 155 

District may not maintain 191n 92 

SUPERIOR COURT: 

Commitment to parental school 531-2 237 

to state institution for feeble-minded 84 47 

Judge to issue permits for children to labor 443 201 

Shall be juvenile court 485 217 

Taking private property for school house sites 416fE 193 

clerk of, not to charge fees 429 197 

SUPERINTENDENT OF PUBLIC INSTRUCTION: 

Administrative officer 2 9 

Appeals on points of law decided by 5(14) 12 

Appeals taken to 385 181 

in revocation cases 337 161 

Apportionment, number and dates of 243 118 

basis of 245 118 

Assistant and deputy, appointees 6 13 

Approval of courses of study 268 126 

Biennial report of 5(2) 10 

county superintendents to preserve 157(6) 75 

report from state normal schools included 61 38 

Certificates and diplomas, shall issue or countersign 312 150 

shall sign those from state normal schools 55 36 

Compulsory attendance, blanks for 400 187 

certificate of excuse, to approve form 393 184 

County superintendent to execute instructions of 157 74 

annual report from 157(11) 75 

certificate of receipt 157(11) 75 

failure to report, penalty 368 174 

report of sale of registers and clerks' record books 157(19) 77 

Credit when schools are closed 254 121 

Directory of schools, officers and teachers 5(11) 12 

Districts less than four sections, approve formation 153 73 

Election of 3 9 

Examinations, grammar school, reports of 407 190 

high school extension, questions and manuscripts 409 191 

teachers' papers and reports of 323 153 

questions 5(3) 11 

Expenses, traveling 5n 10 

Failure to deliver books to successor, penalty 373 177 

Forfeiture of certificate, when 376 178 

Joint districts, maps of, filed with 136 66 

Law, school, points of, decided by 5(14) 12 

printing of 5 (6) 11 



330 INDEX 



SUPERINTENDENT OF PUBLIC INSTRUCTION — Continued: 

Officers employed by 

Powers and duties, enumerated 

administer oaths 

annual convention of county superintendents, to liold . . . . 

biennial report, to make and distribute 

decide points of law 

distribute blanks, forms, etc 

file papers, records, etc 

issue certificates 

keep directory of regents, trustees and faculties 

make certified copies of papers, charge 

perform other lawful duties 

prepare state manual 

president of state board 

print laws relating to schools 

publish official decisions 

records in office, to keep 

records, to be delivered to successor 

require reports from educational institutions 

shall travel . . . 

submit statement of expenses 

supervise public schools 

Publishers to deposit books with 

Salary 

Shall prepare course of study for schools of second division.. 
State board of education, president ex officio 

books furnished for 

records of proceedings kept in office 

seal, kept in office 

special meetings called 

State college, annual report of 

State manual prepared by 

Suspension of teachers, to be notified 

Term of office 

Visiting of schools 

Visitor ex officio, of state college 



SUPERVISORS : 

Employed in districts of first class 

In districts of second and third class 

SUPPLIES : 

Bids advertised for, in first class districts 

Directors to loan to pupils, when 

may not have pecuniary interest in purchase 

In second class districts, directors shall provide 

In third class districts, directors to provide, approval re- 
quired 

Purchase by clerks 

Purchase from director illegal 

from instructor 

Secretary may be authorized to purchase 

Union high school districts may purchase 

TAX LEVIES : o 

Alteration of boundaries, levies 

Bonds, for interest and sinking fund on 

Circulating library, limit 

Consolidated district, indebtedness, how paid 

County school tax, limit 



Sec. 


Page 


6 


13 


5 


10 


5(15) 


12 


5(8) 


11 


5(2) 


10 


5(14) 


12 


5(3) 


11 


5(9) 


12 


5(12) 


12 


5(11) 


12 


5(18) 


13 


5(19) 


13 


5(17) 


13 


5(7) 


11 


5(6) 


11 


5(14) 


12 


5(13) 


12 


6(16) 


13 


5(10) 


12 


5(4) 


11 


5(5) 


11 


5(1) 


10 


269 


127 


4 


10 


269 


127 


5(7) 


11 


8 


14 


9 


14 


13 


18 


10 


14 


39 


30 


5(17) 


13 


157(18) 


77 


3 


9 


5(4) 


11 


26 


24 


191(8) 


93 


460 


207 


190 


91 


163(7) 


80 


169 


85 


202 


lOO 


214 


104 


163n 


82 


163n 


82 


163n 


82 


182 


89 


147 


71 


116 


59 


294 


138 


274 


128 


127 


64 


283 • 


131 



INDEX 331 



TAX LEVIES — Continued : Sec. Page 

Current state school fund, state tax , 281 131 

certified to county auditors 282 131 

Extension of city limits, old district to pay indebtedness 120 61 

For permanent fire insurance fund, first class districts 458 206 

In first class districts, reg-ular levy 194 96 

maximum 195 97 

In second class districts, limit 203 100 

In third class districts, limit 219 105 

Joint districts to pay indebtedness in 139 68 

New districts, levies in 113 58 

Special, when district has not shared apportionment 382 180 

State tax for higher institutions 451 204 

amount and proportion of levy 454 205 

definition of terms 451 204 

funds created 452 204 

To pay unextinguished validated indebtedness 310 147 

Union high school districts 147 71 

TAXPAYER : 

Contract, illegal, may enjoin payment of 169n 85 

May be challenged for cause in jury service, when 420 194 

May inspect records of first class districts 185 90 

Union high school districts, resident of, may appeal 149 71 

TEACHERS : 

Abusing, penalty for 377 17S 

Appeals regarding, to whom taken 385 181 

Authority over pupils 93 51 

Certificates, shall hold valid 225 109 

iMd 229 111 

moral character and personal fitness, evidence 315 151 

must be valid for full period 229 111 

contract void when 225n 109 

registration of 315, 321 151-2 

revocation of 335-7 160-1 

impropriety no cause for 335n 160 

Contagious disease, bar from school 92 50 

Contracts must be made, how 163(1) 80 

annullment of, recovery for 229n 111 

breach of, appeal to county superintendent 384n 181 

employment by, necessary 229 111 

must be approved 157n 74 

void, when 225n 109 

warrants not registered, when 236 113 

Cottages for, may be erected 460 207 

Course of study and rules, to enforce 228 111 

shall decide grade pupils belong to 228n 111 

Directors to enforce rules governing 163(2) 80 

relationship to director no bar 163n 80 

Discharge for cause 163 ( 1 ) 80 

Duties, listed by state board 259 

Election, hiring presumes adjourned meeting 163n 80 

regularity of meeting 163n SO 

Employed by directors 163(1) 80 

Evidence of successful experience 317 151 

basis for new certificate or diploma 325 154 



332 INDEX 



TEACHERS — Continued : " Sec. Page 
Examination of — (see EXAMINATIONS.) 

may teach till notified of results 322 153 

Failure to enforce compulsory attendance law, penalty 401 188 

Failure to enforce course of study and rules, penalty 374 177 

False report of presence of pupils, penalty 879 179 

First class districts, elected by board 191 (5) 93 

elected by roll call 179 88 

Furnished copy of school census 397 187 

Holidays, not required to teach, specified 230 111 

Institute, attendance required 258 122 

failure to attend, penalty 376 178 

pay not diminished for 261 123 

Janitor, may serve as, compensation 163n 80 

Morality and patriotism, must teach 232 112 

Normal school, not to have certificates 311r 149 

Punishment of pupils, when not allowed 231n 111 

maltreatment, penalty 375 177 

Pupils, may suspend, when 231 111 

Register for, clerk to supply 223(7) 108 

shall keep, penalty for failure 226 110 

Reports, county superintendent to require 158 78 

required, penalty for failure 226 110 

Rights, social, personal and political 230n 111 

Rules for government of, prescribed by state board 259 

Salary, withheld, when 374 177 

Saturdays, not required to teach on 230 111 

School day and school month 90 50 

Second class districts, when employed 205 101 

Subjects to be taught 89 49 

Supplies purchased from 163n 80 

Suspension of. when 157 (18) 77 

Third class districts, elected, when 218 105 

Truancy or incorrigibility, to report 397 187 

Union high schools, reports from 146 70 

Ventilation and temperature of school room 89 49 

Warrants issued to disqualified teacher 381 179 

Warrants not registered, when 236, 238 113 

TECHNICAL SCHOOLS, included in public school system 1 9 

TERM — (see SCHOOL TERM). 

TERRITORY, SCHOOL DISTRICT— (see DISTRICTS.) 

Appeals concerning, taken to county commissioners 385 181 

TEXTBOOKS : 

Classification of districts for purposes of 265 124 

County superintendent can handle, when 270 127 

Directors may not sell to pupils 269n 126 

Failure to use adopted, penalty 381 179 

First division, adoption of, in 267 125 

commission for selecting 266 124 

advertising for bids 267 125 

compensation 271 127 

oath, term of office 266 124 

organization of 266 124 

length of adoption 266 124 

supplementary, adoption, when 266 124 

when district of second becomes district of first division.. 266n 124 



INDEX ggg 



TEXTBOOKS — Continued : Sec. Page 

Free, directors to provide, when 163(7) 80 

rules concerning 163 (7) 80 

vote required in first class districts 191(10) 93 

voted on at regular election 177n 88 

Injury to, penalty 380 179 

Publishers to deposit copies with state superintendent 269 127 

Pupils must be furnished with 163(8) 81 

Second division, county board to select 269 126 

advertisement for bids 269 127 

joint districts, which county board controls 272 128 

length of adoption 269 126 

supplementary, power to adopt 269 127 

State normal schools, adoption of 50 34 

free in 58 38 

pecuniary interest in contract forbidden 62 39 

THIRD CLASS DISTRICTS— (see DISTRICTS.) 

TITLE OF CODE OF 1909 432 198 

TRANSPORTATION OF PUPILS 163(11) 81 

Building bridge not allowed 163n 80 

No discrimination 163n 80 

Not to or from another district 163n 80 

TRUANCY : 

Report of 397 187 

Rules to prevent 11(7) 17 

TRUANT SCHOOLS— (see PARENTAL OR TRUANT 
SCHOOLS.) 

TUBERCULOSIS, PULMONARY, persons afflicted with 92 50 

TUITION : 

In high schools, must be free when 249 120 

May be charged when 166 84 

UNION HIGH SCHOOL DISTRICTS— (see DISTRICTS.) 

UNIVERSITY OF WASHINGTON : 

Aim and purpose 15 18 

Attorney general, legal advisor for 21 22 

Bequests to university 18(4) 21 

Buildings, erection of 22 22 

funds for, how drawn and disbursed 24 23 

Carnegie fund, application for, authorized 447 203 

Catalogue, annual 18 (2) 20 

Co-educational 15 18 

Common schools, not part of 88n 49 

Degrees and diplomas granted by regents 18(3) 20 

Department of education, courses approved by state board... 11(2) 15 

work required for normal and life diplomas 18(3) 20 

Designation 14 18 

Diplomas, classification of, for teaching 324(3) 154 

-^^ granting of 332 159 

normal diplomas, requirements for 18(3) 20 

life diplomas, requirements for 18(3) 20 

Entrance, age limitation 15 18 

certificate from high school extension examinations 410 191 

scholastic requirements for 15 18 

approved by state board 11(1) 15 



334 



INDEX 



UNIVERSITY OF WASHINGTON — Continued : Sec. Page 

Faculty, employed by regents 18(1) 20 

authority of 19 21 

compensation for attending institutes 18n 20 

constituted how 19 21 

course of study 18(2) 20 

entrance requirements specified by 15 18 

recommendations for diplomas and degrees 18(3) 20 

Intoxicating liquors, sale of, prohibited 475 212 

not affected by other law 430 197 

penalty for violation 476 212 

sales by druggists prohibited 430n 197 

Lands of, proceeds go where 538-9 240 

bonding of, authorized 558 246 

Library fee 15n 19 

Location of 14 18 

Museum, created 465 209 

materials collected for 466 209 

private persons may contribute 467 209 

regents to have charge 468 210 

Part of public school system 1 9 

Permanent funds, how invested 550 243 

President of university, appointment and term of office 18(1) 20 

annual report to state superintendent 5 (10) 12 

member of state board of education 7 14 

Purpose of . .- 15 18 

Regents, board of — 

administrative officers 2 9 

appointment and term of office 16 19 

architects, etc., may be employed 23 23 

buildings, erection of, authorized 22 22 

catalogue, annual 18(2) 20 

compensation and expenses 18(7) 21 

course of study prescribed by 18(2) 20 

diplomas and degrees granted by 18(3) 20 

executive committee, election and power of. 17 19 

facilities for instruction, to provide 478 213 

meetings 17 19 

oath of office 16 19 

organization of 17 19 

powers and duties of, enumerated 18 20 

biennial report to governor 18(6) 21 

control university 18(1) 20 

course of study, to prescribe 18(2) 20 

degrees and diplomas, to grant 18(3) 20 

employ president, faculty, etc 18(1) 20 

execute bonds to war department 18(5) 21 

publish annual catalogue 18(2) 20 

receive bequests, report 18(4) 21 

receive expenses 18(7) 21 

report to governor biennially 18(6) 21 

vacancy, how filled 16 19 

Religious or sectarian control prohibited 20 22 

State tax for higher institutions, to share in 451 204 

levy for university 454 205 

State university current fund 539 240 

State university permanent fund 538 240 



INDEX 



335 



UNIVERSITY OF WASHINGTON — Continued : Sec. Page 

Students not "school children" Ion 19 

Tuition, residents and non-residents 15 18 

University fund, created 452 204 

tax levy for 454 205 

uses of 455 205 

University of Washington fund, appropriation from 557 246 

USE OF SCHOOL BUILDINGS — (see BUILDINGS.) 

VACCINATION : 

Exception to compulsory 392n 183 

Required in first class districts, when 191(11) 93 

VENTILATION: 

Directors, duty of. regarding 163(4) 80 

Plans for, county superintendent to approve wlien 221 106 

Teacher to regulate 89 49 

ibid par. 7 259 

VIVISECTION : 

Restriction of 472 211 

Dissection permitted, when 473 211 

Penalty for violation 474 212 

WARRANTS : 

Cancelled, statement of 239 (6) 116 

^ Clerk to sign, etc 223 (8) 108 

County auditor to countersign and register 235 113 

not to register, when 236-8 113 

County treasurer to register 239(4) 115 

Exchanged for bonds, when 292 138 

iMd 309 147 

Illegal, paid when validated 310n 147 

Interest on 239(4) 115 

Invalidity of, prevents cause of action 310n 147 

Legal rate of interest on 449 204 

how regulated 450 204 

Limitations, statute of, applies to 239n 114 

Registration of 238% 113 

Signing of, in first class districts 186 90 

WASHINGTON, STATE OP : 

History and map contained in state manual 5(17) 13 

Museum at university a depository for 465 209 

materials to be deposited 466 209 

WASHINGTON STATE TRAINING SCHOOL— (see STATE 
TRAINING SCHOOL.) 

WOMEN : 

May hold offices 95 51 

Qualified to vote at school elections 342 163 

Superintendent and officers of state school for girls to be 505 229 



